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(영문) 수원지방법원 2018.06.22 2018고정835
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On October 19, 2012, the Defendant borrowed KRW 13,00,000 from the above injured party to the Hyundai Capital C Branch Office, Inc. located in Suwon-si, Suwon-si, and agreed to repay the principal and interest of KRW 455,195 per month for 36 months from the time on the basis of the purchase price for one unit of Dran-do car, and then, the Defendant set up a mortgage on the above car at KRW 13,000,000 as the mortgagee.

After that, the Defendant paid only KRW 1,741,05,00 for the installment payments for the said car and received a loan equivalent to KRW 4,500,000 from the credit service provider in the territory of Young-gu, Young-gu, Young-gu, Seoul at the time of Suwon-gu around October, 2013, the Defendant transferred the said car to a person who is not the name, as a collateral for the loan, and prevented the victim from discovering it.

Accordingly, the defendant concealed a passenger car which is the object of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of loan application, notification of transfer of bonds, ledger of automobile registration, and Acts and subordinate statutes of the highest head;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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