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(영문) 부산지방법원 2016.10.06 2016고정1576
권리행사방해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Around July 23, 2012, when purchasing BMW320D automobiles, the Defendant entered into an installment financing agreement with the victim's character capital Korea Stock Company, which provides the said automobiles as collateral with KRW 38,480,00,000, the loan period of KRW 60 months, monthly payment of KRW 840,500, and the said automobiles set up a collateral security right equivalent to the said principal and interest of the said loan. However, even though the victim company paid the loan to the victim company only up to 29 months, and did not repay the remainder of the principal and interest of the loan, the Defendant provided the said borrower with the said vehicle as collateral and prevented the victim company from collecting the loan by offering the said vehicle.

Accordingly, the defendant concealed the above vehicle which is the object of the victim company's rights, and obstructed the exercise of rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation place, written agreement of installment financing, written waiver of goods, and protocol of impossibility of delivery of automobiles;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) return of the vehicle to the victim after the summary order; and (b) the economic situation is not good.

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