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(영문) 수원지방법원 2017.09.06 2017고정1426
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 23, 2013, the Defendant purchased a B B B B Ba car, and obtained a loan of KRW 10 million from the K B Ba Capital Co., Ltd. (formerly changed trade name: Social Co., Ltd.) on the condition that the Defendant repaid the said loan in installments for 36 months. In order to secure the above loan obligation, the Defendant created a collateral security right of KRW 5 million with the bond value in the future of the said company as to the said car.

The Defendant did not pay the remainder of the installment without paying the two installments, and the Defendant was aware that the victimized party was served with the certificate of the details of the loan and the right incidental thereto on October 30, 2015 on the part of the victim PelC Loan Co., Ltd., which was transferred the above loan claims and the right incidental thereto.

However, from November 2014, the Defendant: (a) had C keep and operate the said car; and (b) concealed the victim’s failure to inform the victim of the location of the said car although the said car was D, which was not the Defendant’s residence; and (c) obstructed the victim’s exercise of rights by concealing that the victim could not find the location of the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notice of transfer of claims, copy of the agreement of installment financing, and application of the statutes of the original register of automobile registration;

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

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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