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(영문) 대전지방법원 2019.02.12 2018고정1224
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 February 10, 201, the Defendant received a loan of KRW 5,500,00 from the Victim C Co., Ltd. (hereinafter “victim”) in order to raise funds to purchase freight B, which is a high-end used vehicle B, which is a used vehicle in the form of 2004, from the office of the trade-free used vehicle trading company in Seo-gu, Seo-gu, Daejeon, Daejeon, and agreed to pay the loan and interest thereon in installments for 36 months.

On February 17, 2011, the Defendant registered the transfer of the said vehicle in the name of the Defendant, and around February 17, 201, set up a collateral security right of KRW 5,500,000 for the said vehicle as a collateral for the obligation of principal and interest of the said loan.

From March 1, 201 to June 1, 201, the Defendant paid a sum of KRW 823,216,000,000 to the victim company, including the installment payments, interest, etc., and did not pay the loan balance of KRW 5,041,024 and interest thereon, the Defendant borrowed KRW 2,00,000 in cash from October 1 to November 201, 201 to the nameless winners (F) around the E University located in Seo-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City) and delivered the said vehicle to the collateral name, thereby making it impossible for the victim company to grasp the location of the said vehicle.

In this respect, the defendant concealed his own property which is the object of the victim company's rights, thereby hindering the victim company's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to filing a complaint (application for loan, register of automobiles, payment order);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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