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(영문) 서울동부지방법원 2018.11.01 2018고단1867
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant purchased 22,00,000,000 Won for 15,000 a.m., the Defendant entered into a contract to pay 645,100 won each month between the Defendant and the Defendant and the Defendant: (a) the principal of the loan; (b) the interest rate of KRW 22,00,000; and (c) the interest rate of KRW 17.9% per annum; and (d) June 30, 2016 to June 30, 2020; (b) the Defendant agreed to pay 645,100 won each month between 48 months and 48 months.

On July 1, 2016, the Defendant: (a) received the foregoing vehicle from Oralto and registered the said vehicle in the name of the Defendant; and (b) created a right to collateral security on the said vehicle to the victim company.

However, on July 14, 2017, the Defendant paid only 12 installments until July 14, 2017, and did not pay the remaining installments, and thus, the benefit of time was lost due to the failure to pay the remainder. The contract was terminated, and the victim company received the decision of voluntary auction of the Seoul Eastern District Court C motor vehicle on December 15, 2017.

Nevertheless, the Defendant concealed the vehicle by making it impossible to identify the location of the vehicle at that time.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of vehicle loans and an application form to mislead the vehicle into a secondhand part;

1. Application of Acts and subordinate statutes on collection of motor vehicle registration certificates, reports on the impossibility of delivering motor vehicles, and records of collection of disposable discrimination principles;

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act reflects the instant crime, agreed with the victim, and considering the fact that there was no record of the fine on January 2000.

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