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(영문) 부산지방법원 2018.04.06 2018노649
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. On May 28, 2013, the Defendant entered into a loan agreement with Hyundai Capital Co., Ltd. to pay KRW 726,702 per month for the 60-month period when purchasing BK7 car around May 28, 2013, and established a maximum amount of KRW 33,50,000 as to the said car to Hyundai Capital Co., Ltd., and on May 20, 2016, the Defendant was transferred a loan claim and collateral security to the Defendant by the said Hyundai Capital Co., Ltd.

On January 5, 2017, the Defendant borrowed KRW 8 million from C from the Busan Daily District of Busan, and provided it as security so that the damaged party could not grasp the location of the said vehicle.

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

2. The lower court’s judgment based on the following circumstances, etc.:

The lower court acquitted the Defendant of the instant charges on the ground that it is insufficient to recognize it, and there is no other evidence to acknowledge it.

① On January 5, 2017, the Defendant’s delinquency in paying the installment of the instant car, around January 5, 2017, the Defendant stated that “The Defendant’s friendship C is between the Defendant and his relative with the Defendant and the Defendant (the page 73 of the investigation record). The Defendant borrowed KRW 8 million to the Defendant and delivered the said car as security, and C is operating the said car in possession of the said car.

On July 21, 2017, which was investigated by the defendant due to the victim's complaint, the police officer of the investigation of this case was confirmed around August 11, 2017.

(2) The circumstance that the defendant who has overdued the installment payment was avoiding contact between Hyundai Capital Co., Ltd. and the victim, etc., the creditor of installment payments, is merely a situation that the defendant did not cooperate with the creditor in the execution of the creditor's claim.

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