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(영문) 서울중앙지방법원 2017.03.16 2016고정4356
권리행사방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is the owner of a vehicle in Ireland.

On June 30, 2014, the Defendant: (a) obtained a loan of KRW 20 million from the savings bank of the victim from the Defendant’s savings bank in Seocho-gu Seoul Metropolitan Government, Seocho-gu, and (b) agreed to repay KRW 635,400 per month by means of equal installment repayment of principal and interest for the period of 60 months; (c) on the same day, the Defendant provided the above passenger cars owned by the Defendant as security and set up a collateral of KRW 20 million with the maximum amount of the claim against the creditor to be the victim.

However, since October 2014, the Defendant continued to receive a demand for repayment of principal and interest and a notification from the victim company to lose the benefit of time. From October 2015, the Defendant continued to receive a demand from the victim company for reimbursement of principal and interest and delivery to exercise the right of security through text messages and telephone. On August 5, 2016, according to the victim company’s voluntary request for auction against the above passenger difference, the Seoul Central District Court's voluntary auction on August 8, 2016 was decided on August 8, 2016, and received a demand for delivery from the victim company continuously since that time.

Nevertheless, on February 2016, the defendant, without the consent of the victim company, provided it as security to the non-name credit service provider and borrowed money.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol made by the police with regard to E (electronic summary form);

1. Each copy of a credit transaction agreement, a mortgage creation agreement, and a loan account;

1. Loan credit account, transaction record register of automobiles, and credit inquiry statement;

1. Application of Acts and subordinate statutes to report on investigation by the prosecution (to hear statements by a complainant's representative);

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

1. Article 70 of the Criminal Act to attract a workhouse.

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