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(영문) 서울중앙지방법원 2014.01.16 2013고정5393
권리행사방해
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 7, 2011, the Defendant purchased CYF YFS car and paid the vehicle price by borrowing KRW 19.5 million from the social company Korea's high frequency, and made a new registration for the said car under the Defendant's name on September 8, 201, and created a mortgage on the claim price of KRW 19.5 million with the victim company as mortgagee on the same day on the same day.

The Defendant paid KRW 610,609 each month for 36 months. However, the Defendant did not pay only KRW 2,949,035 by January 15, 2012, and did not pay any more, thereby losing the benefit of time as of March 15, 2012 pursuant to the agreement. The Defendant was sent to the Defendant’s public domicile a certificate of “Peremptory Notice of Vehicle Delivery” with the content that the Defendant would return the said car to the victim in order to recover KRW 1,888,00,00 to recover the amount of debt on September 6, 2012. However, the Defendant did not reside in the said public domicile even at the time of entering into a loan agreement on September 7, 2011.

On November 2012, the Defendant resided in Mapo-gu Seoul, Seoul, and used the said passenger car, but failed to discover the location of the said passenger car, thereby concealing the goods that became the object of the victim’s right by failing to notify all the location of the said passenger car to prevent the victim from discovering the location of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning F;

1. A complaint;

1. Application of the new agreement of installment financing, the register of automobiles statutes;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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