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(영문) 서울서부지방법원 2020.09.22 2020고정647
권리행사방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant entered into an automobile installment contract with the complainant for 25,500,000 won of loans to C (D) at the Eunpyeong-gu Seoul Eunpyeong-gu Seoul metropolitan agency, and accordingly, established a mortgage on the vehicle.

However, the Defendant did not deposit only KRW 9,246,341 after the contract and did not deposit money thereafter, and requested the Defendant to return the obligation and return the vehicle. However, the Defendant concealed the vehicle, which is the collateral, in an irregular manner, and obstructed the Defendant’s legitimate exercise of rights.

The Defendant lent the above vehicle to E, who is a late-time charterer, but the E does not contact, and argued that the personal information and contact details of E are ambiguous, but the Defendant lent the vehicle to any person who is not aware of his personal information and contact details within 30,000 days after purchasing it.

Summary of Evidence

1. A criminal defendant's statement in court;

1. Application of the register of automobiles statutes

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are agreed with the victim, and the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, and all the other factors of sentencing specified in the records and arguments of this case shall be determined as the order.

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