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Reasons
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(영문) 대전지방법원 천안지원 2020.02.20 2019고정654
권리행사방해
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 1, 2015, the Defendant purchased a car registration number CTB car at the B business office, and took out a loan of KRW 23,300,000 out of the price under the condition that the victim DD Dispute Resolution shall pay interest of KRW 5% per annum and KRW 449,370 per month for 60 months from August 20, 2015, and set up a mortgage on the claim value of KRW 1,00,000 as a creditor on the said vehicle to secure this condition.

The Defendant paid the principal and interest of eight times until July 7, 2016, and did not pay the principal and interest of the loan after paying the principal and interest. Accordingly, the victim company received an order to deliver the automobile prior to filing a request for auction by Gangseo-gu District Court E with respect to the said automobile. The Daejeon District Court’s decision as the title of execution was rendered by FF to execute the order to deliver the said automobile to the G apartment and H of the Daejeon District Court on June 29, 2016, but the Defendant rejected it and disposed of the said automobile to the bond company with no knowledge of the name of the Daegu District on August 2016.

Accordingly, the Defendant interfered with the exercise of rights by the mortgagee company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A copy of the new climate change agreement;

1. Automobile register;

1. Application of Acts and subordinate statutes on car delivery records;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order; consideration of the establishment value of the right to collateral security and the initial crime

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