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(영문) 수원지방법원 2017.12.21 2017고정2304
권리행사방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 13, 2013, the Defendant purchased a vehicle from 'C agency located in Masan-si, Changwon-si, Changwon-si (D, vehicle value of KRW 11,480,00), and concluded installment financing with the victim company's principal of KRW 11,30,00,000, agreed interest rate of KRW 8.6%, and KRW 232,382, monthly payment from March 25, 2013 to February 25, 2018 on condition of equal repayment of principal and interest of KRW 60,000, the Defendant set up a mortgage against the said vehicle owned by the victim as mortgagee at KRW 11,30,000.

After that, the defendant did not pay installments after April 10, 2014, and concealed the above car which became the object of the victim company's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints and accompanying documents;

1. Application of Acts and subordinate statutes to investigation reports (to peruse and bind the ledger of automobile registration);

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of punishment: Selection of a fine;

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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