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(영문) 수원지방법원 2019.05.23 2018고정2054
권리행사방해
Text

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

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

Reasons

Punishment of the crime

The facts constituting an offense shall be corrected ex officio to the extent that it does not infringe the defendant's right of defense.

On August 31, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Suwon District Court, and the judgment became final and conclusive on December 12, 2018.

On October 12, 2016, the Defendant purchased SM vehicle (C, 2003 Form) from the Nam-gu Incheon Metropolitan City B and 9th floor, and borrowed 5,000,000 won from the victim Dispute Resolution D to pay 185,563 won per month for 36 months.

On December 29, 2017, the Defendant delayed to pay the loan and lost the benefit of the time limit for the said vehicle. On February 8, 2017, the Defendant intended to exercise the right to collateral by means of a decision of the Seoul Northern District Court (GG car rental auction) at the address of Seoul, Nowon-gu, Seoul, and the Defendant’s domicile on February 8, 2017, but concealed the vehicle’s location unknown.

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

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A H statement;

1. Terms and conditions of the mid-to long-term debate, register of motor vehicles, and written decision of the Seoul Northern District Court (G motor vehicle auction);

1. Previous convictions: Inquiry into criminal and investigation records materials, list of related cases, application of respective statutes;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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