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(영문) 인천지방법원 2018.10.18 2018고정2165
권리행사방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Presumption] On March 31, 2016, B applied for a loan of KRW 25,70,000 for the purchase of a motor vehicle to the Gan Capital Co., Ltd. with the help of D, the president of the two-use motor vehicle C business office. On April 11, 2016, the victim company carried out the above loan to B, and set up a mortgage of KRW 25,70,000 for the bond value on the said motor vehicle.

On October 25, 2016, the Defendant purchased the said vehicle in the amount of KRW 20 million, which is the end of D’s false statement that the mortgage created on the said vehicle will be terminated, and on October 25, 2016, registered the ownership transfer under the name of the Defendant.

The victim company filed a voluntary auction against the defendant, the owner of the above vehicle, who did not repay the loan, and the Incheon District Court decided to commence the auction on February 26, 2018, and decided to deliver the above vehicle to the victim company for this purpose.

[Criminal facts] On March 9, 2018, the Defendant was requested from G, the victim company employees, to deliver the said vehicle based on the above court decision at the 301-dong underground parking lot in Seo-gu Incheon, Seo-gu, Incheon. However, the Defendant did not comply with the above request and escaped to the point of non-performance.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to inquire about the balance of claims, an application for vehicle debate (loan), search and output of the case, a written decision of the Incheon District Court, a protocol not delivered by a motor vehicle, a register of motor vehicle registration, a motor vehicle registration certificate, a quotation, each photograph, and a report of investigation (net

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

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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