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(영문) 서울동부지방법원 2017.04.21 2017고정317
권리행사방해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On April 5, 2012, the Defendant obtained a loan of KRW 9,400,00 from the victim KB Capital and C under the pretext of purchasing the victim's D vehicle, and entered into an agreement on equal installment repayment of the principal and interest for 36 months in total. The Defendant set up a right to collateral security at the maximum amount of the claim amount of KRW 940,00,000, which serves as 10% of the loan amount of KRW 9,400,00 on the above vehicle.

On January 15, 2013, the Defendant lost the benefit of time due to the Defendant’s failure to repay the installments to be loaned more than three times, and thereby, concealed the instant vehicle, which is the object, despite having to return the instant vehicle to the victim.

Accordingly, the defendant interfered with the exercise of the right to the above vehicle mortgage by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (to hear reports by telephone from persons in charge of suspect vehicles);

1. The current status of personal identification (the defendant did not intend to conceal the above vehicle);

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the Defendant did not take measures such as returning the vehicle from January 15, 2013 to the lapse of three years from the date of loss of the benefit of time, and stored the vehicle in a place other than the Defendant’s resident registration address. The period during which the Defendant was at the detention house was at the time from November 25, 2016 to March 24, 2017, and the said reduction was impossible to return the vehicle due to the said reduction.

In light of the fact that it is difficult to see, the Defendant, by the Defendant’s act, recognized that the victim’s exercise of mortgage against the above vehicle is difficult and accepted.

It is reasonable to view it.

The above assertion by the defendant cannot be accepted.

Application of Statutes

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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