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(영문) 서울중앙지방법원 2016.08.17 2016고단3376
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 28, 2010, the Defendant borrowed KRW 41.5 million from the Defendant Hyundai Capital Co., Ltd., Ltd. in Songpa-gu Seoul, Songpa-gu, and provided the said car as security by providing the mortgagee Hyundai Capital Co., Ltd., the obligor A (Defendant), and the bond value of KRW 41.5 million on the said car.

Nevertheless, on November 26, 2010, the Defendant sold and concealed the said passenger car to the national siren Co., Ltd., thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the accusation, examination table, goods application form, automobile transaction contract, each vehicle registration ledger, and payment details of installments (Evidence Nos. 1, 2, 3, 7, 8, 9 of evidence);

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of a fine for selective punishment (in relation to this case, considering that the defendant's age, sex, environment, motive and consequence of the crime, circumstances after the crime, etc. are considered to have become final and conclusive by being notified of a summary order of a fine of 5 million won in the form of fraud that "the defendant has caused the Hyundai Capital Co., Ltd. to pay 41.5 million won the vehicle price to the vehicle seller, thereby acquiring the pecuniary profit equivalent to the above amount from the vehicle seller."

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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