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(영문) 서울동부지방법원 2019.02.13 2018고정1058
권리행사방해
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 3, 2017, the Defendant purchased rocketing vehicles (D) at the branch of the D D D branch in Sungnam-si, Sungnam-si, and entered into an agreement to pay 484,718 won per month for 60 months from the Co., Ltd., and borrowed 26 million won per month from the Co., Ltd., and established a mortgage on the claim amounting to 13 million won for the said vehicle as mortgagee on April 5, 2017.

Since then, when the Defendant repaid the loan for nine months, he was delinquent in paying the installment of the loan from February 5, 2018. On November 2017, the Defendant borrowed six million won from the Ftel parking lot in Seongbuk-gu, Seongbuk-gu, Sungnam-si, from the lending company, and provided the above vehicle as security and made it impossible to identify the location of the vehicle, thereby concealing the vehicle that became the object of the right of the complainant.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. The application of the new installment theory, the repayment line inquiry, the register of automobiles laws and regulations;

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order is the case where an agreement is reached with the transferee of the claim for loans of this case

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