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(영문) 수원지방법원 안산지원 2021.03.23 2020고정710
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

The defendant is a person who is engaged in one-day occupation with Chinese nationality.

On May 28, 2018, the Defendant: (a) purchased a passenger car with a 26,900,000 won from the victim C Co., Ltd.; and (b) decided to repay KRW 1,341,658 in equal installments of principal and interest on the first day of each month between 24 months; and (c) set up a collateral security of KRW 13,450,000 on the said vehicle.

On March 2019, the Defendant sold and concealed the above vehicle registered in the name of the Defendant to the seller of the non-high vehicle located in Incheon Metropolitan City without the consent of the victim, thereby making it impossible to grasp the location of the victim's security.

Accordingly, the defendant interfered with the exercise of rights against the above vehicles by the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to applications for a loan for purchasing motor vehicle, written agreement, bond account statement, deposit statement, motor vehicle registration ledger, peremptory notice for exercising rights, and counseling statement by customer;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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