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(영문) 인천지방법원 2019.01.25 2018고정2334
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

On August 8, 2017, the Defendant purchased EMW 520 d car from the office of the Dispute Resolution Co., Ltd. in Gyeonggi-si, Kimpo-si, and entered into a mid-term debate with a loan of KRW 36 million from the LAF to repay 1,020,250 per month in equal installments of principal and interest for 48 months, and established a collateral security agreement with the victim as collateral on August 10, 2017.

Nevertheless, on May 2018, the Defendant delivered the said car to G and received KRW 12 million in return, and G transferred the said car to a non-standing party, thereby making it unclear the location of the said car.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint, an application for a middle or high-speed debate, an agreement on the second or second fault debate, the decision of the Incheon District Court, and a copy or abstract of the register of motor vehicles (A, B);

1. Application of Acts and subordinate statutes to a criminal investigation report (G telephone conversations in which the suspect involved in identifying the location of a vehicle is located);

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

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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