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(영문) 광주지방법원 2018.05.09 2018고단93
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 2, 2014, the Defendant: (a) purchased a 15,000,000 won from the Hyundai Capital Co., Ltd. for the said car; (b) agreed to obtain a loan from the victim Hyundai Capital Co., Ltd. for the purchase price for the said car; and (c) to repay the installment in the equal repayment method of 572,081 won each month for 36 months; and (d) set up 15,00,000 won on the said car for the victim.

On October 2014, while the Defendant was in arrears of installment payments from around Gwangju, around November 2014, the Defendant received a request from “C to provide money to operate the office as collateral,” and received a loan from the said C, and let the said C deliver the said vehicle to the needy.

Accordingly, the defendant concealed the above car which is the object of another person's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. An installment financing agreement;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 323 of the Criminal Act applicable to the crime, Article 323 of the choice of punishment, the selection of fines (the confession and reflection of the crime of this case by the defendant, and the commission of C, causing the crime of this case by which the defendant actually acquired profits are minor;

It seems that it appears, and considering the fact that the victim has expressed his/her intention to revoke the complaint with the victim's repayment of damages and the agreement with the victim.

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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