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(영문) 대구지방법원 2013.06.05 2013고정910
권리행사방해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 31, 2008, the Defendant purchased D Eccoo vehicle at the Hyundai Motor Cagency located in Daegu-gu, Daegu-gu, and borrowed KRW 46 million from the Defendant Hyundai Capital Co., Ltd. in borrowing KRW 46 million from the Defendant.

2.1. The said vehicle set up a right to collateral security with the maximum debt amount of KRW 23 million and the right to collateral security against Hyundai Capital Co., Ltd.

Nevertheless, on January 21, 2009, the Defendant entered into a contract for the transfer and acquisition of the foregoing vehicle with F in the office of Jung-gu, Daegu E-gu, and delivered the said vehicle, thereby making it impossible for the victim to grasp the location of the said vehicle.

As such, the Defendant concealed the above vehicle owned by the victim, which was the object of the rights of the victim Hyundai Capital Co., Ltd., and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Copy of the loan application;

1. Documents to establish a mortgage;

1. Statement of impossibility of delivery of automobiles;

1. Automobile register;

1. (Transfer and Takeover of Vehicles) The application of Acts and subordinate statutes;

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 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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