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(영문) 창원지방법원 2018.05.18 2018고단787
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

On December 9, 2013, around 16:20, the Defendant: (a) purchased D’s low-income car from Hyundai Motor Co., Ltd. on the second floor of the building B in Seongbuk-gu, Sungwon-si; (b) entered into an installment financing agreement with the victim Hyundai Capital Co., Ltd. on the condition that the principal of the loan is KRW 24,70,000, monthly payment is KRW 36 months, KRW 750,303; and (c) established a right to collateral security on the said car around January 2, 2014; (d) however, even if the Defendant received the payment of the loan principal and did not repay the remainder of the loan principal by July 2, 2015, the Defendant provided the above loan business operator with the loan money as security to prevent his/her name from being known at a location unknown on September 2, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Original register of each motor vehicle registration;

1. Application of the Acts and subordinate statutes to a copy of the counseling table, a copy of the application for a new loan for modern Capital;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant purchased a new vehicle and provided the victim company with a collateral to the said vehicle by again providing the said vehicle as a collateral despite the fact that the Defendant borrowed money from the non-name credit service provider, thereby hindering the victim from exercising his/her rights. Thus, the issue is not less exceptionally given that the instant case prevents the victim from exercising his/her rights.

It seems that damage has not been recovered even in the position, and the location of the vehicle has not been grasped at all.

However, the defendant reflects his fault in depth.

A vehicle security loan shall be made during the period exceeding one year.

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