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(영문) 인천지방법원 2017.04.28 2017고정762
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is currently a person who has driven a cargo vehicle, and is currently in duty.

On March 10, 2014, the Defendant: (a) purchased D 2010 car volume from the C Motor Vehicle Trading Complex located in Namdong-gu Incheon, Incheon in order to purchase D 2010 car volume; (b) applied for a vehicle loan of KRW 8 million from the branch of PelC Incheon in the K 2010 (the next LelC Loan Co., Ltd. taking over the bonds); (c) concluded an automobile installment financing agreement with the Defendant to pay KRW 292,843 each month in equal installments of principal and interest for 36 months; and (d) established a collateral security agreement with the Defendant to not transfer the ownership of the vehicle or to not perform any act that may hinder the preservation of claims, such as loss, damage, etc.; and (d) on March 14, 2014, the Defendant established a collateral security agreement with the value of claims at KRW 400,000,0000,000,000.

Nevertheless, the Defendant paid 2,106,385 won to seven occasions and failed to repay the remainder, and borrowed 2,700,000 won to E while driving the vehicle on November 2014 and delivered the vehicle as security so that the location of the vehicle cannot be known, thereby making it impossible for the Defendant to deliver the vehicle by the right of execution of the victim.

Accordingly, the defendant concealed the vehicle that was the object of the mortgage and interfered with the exercise of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the complaint filed and the F;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses);

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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