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(영문) 서울동부지방법원 2017.06.13 2016고정1854
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 27, 2016, the Defendant was sentenced to imprisonment with labor for fraud, etc. at the Seoul Eastern District Court for two years and six months, and the said judgment was finalized on March 31, 2017, and was loaned KRW 10 million from the HK Savings Bank for the purchase of the instant vehicle, under the name of BK Savings Bank to purchase B (hereinafter “instant vehicle”) on July 15, 2015. On July 15, 2018, HK Savings Bank established a collateral security right based on a claim of KRW 10 million on the instant vehicle. However, on October 15, 2015, HK Savings Bank lost the Defendant’s benefit from the instant vehicle due to unpaid principal and interest payment, thereby hindering the Plaintiff’s exercise of rights to the instant vehicle by concealing the instant vehicle, despite having to return the instant vehicle to HK Savings Bank.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Complaint;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of the Nowon-gu Station: (a) the Defendant and his defense counsel asserted that there was no intention to interfere with the exercise of rights since they did not receive notification of the establishment of a right to collateral on vehicles from the middle and high sea dr; (b) however, this court can be found by the evidence duly adopted and investigated by the evidence, i.e., the following circumstances: (a) the Defendant entered into a loan contract between the Defendant and the victim; and (c) Article 6 of the terms and conditions of the loan entered into a loan contract; (d) the Defendant made a transfer registration of the name on July 16, 2015 on the vehicle; and (e) on July 20, 2015, the Defendant established the victim’s mortgage (16 pages 2, 2015 investigation record); and (e) the financial institution purchases the vehicle to the customers without any security.

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