logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.21 2018고단3734
권리행사방해
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant purchased CST5 car and entered into a loan agreement with the Defendant to pay KRW 15,900,000 to the Defendant for 36 months from the Defendant’s Hyundai Capital (State). On January 27, 201, the Defendant set up a right to collateral security of KRW 15,90,000 with respect to the said car at Hyundai Capital (State).

Around October 2015, the Defendant: (a) borrowed KRW 1,500,000 from a person who was infinite-si, Seocheon-gu, Seocheon-gu to provide the said vehicle as security; and (b) provided the said vehicle as security; and (c) the victim 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.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Considering that the principal of the secured loan of vehicles for reasons of sentencing in Article 334(1) of the Criminal Procedure Act remains after KRW 9,017,094 of the Criminal Procedure Act (in case of investigation record 30 pages), the Defendant appears to have paid the loan for more than one year, taking into account the following factors: (a) the Defendant led to the confession of a crime; (b) the Defendant’s reflects himself while being detained for about two months; and (c) the Defendant has been detained in custody for about two months, and the Defendant has no criminal record of the same kind

arrow