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(영문) 서울중앙지방법원 2018.07.19 2018고단1813
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 21, 2012, the Defendant purchased a vehicle by installment at the point of Gangnam-gu Seoul, Seoul, Seoul, the second floor of 630-2, a new building, at the office of Gangnam-gu, the Seoul, in order to purchase the vehicle by installment between CWz E350, and the victim's Hyundai CWl E350, the Defendant: (a) determined the principal of the vehicle installment loan to be paid by a vehicle between the Plaintiff and the Plaintiff in charge of the resolution of the resolution of the purchase of the company; (b) determined the repayment period of KRW 50,00,000, the repayment period of KRW 36 months, and the monthly repayment amount of KRW 1,725,198; and (c) prepared a written agreement with the victim to establish a right to collateral security equivalent to the above credit amount for the said passenger car on March 22, 2012.

Since then, around December 2012, the Defendant provided D and E with the said Benz car as a temporary security, and had the said Benz car back to the Defendant’s residence on May 1, 2013, and around May 3, 2013, the Defendant did not deposit the victim’s employees with the “1st installment of January 2013” and tried to implement the mortgage.

“Around that time,” upon receipt of notice, the “Wenz’s car was corrected ex officio as it did not infringe the Defendant’s right to defense in the vicinity of the Gangnam-gu Seoul Eastdong.

It was transferred to the Corporation and its location could not be known.

As such, the Defendant interfered with the victim's exercise of rights by concealing the above passenger car owned by the Defendant, which is the subject of the right of the victim Hyundai Capital Bank Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the details of comprehensive vehicle tax, application form for automobile register, registration certificate, and copy of the judgment in accordance with statutes;

1. Article 323 of the Criminal Code of the relevant criminal facts, the choice of fines (the amount of secured claims by collateral security by the victim is reasonable, but there is no record that the defendant has been punished by imprisonment without prison labor or more, a significant amount of damage has been paid to the victim and agreed with the victim, and D and E arising in the course of the crime of this case by the defendant.

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