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(영문) 인천지방법원 2020.11.04 2020고정1256
권리행사방해
Text

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

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

Reasons

Punishment of the crime

In order to purchase B K5 automobiles around January 18, 2018, the Defendant borrowed KRW 17 million from C Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government to pay KRW 636,083 per month in equal installments of principal and interest between 48 months, and purchased the said automobiles, and around January 19, 2018, the Defendant created a mortgage on the said automobiles in the name of C Co., Ltd., whose amount is KRW 8.5 million out of the loans to the said automobiles as the amount of credit.

However, the Defendant, on September 14, 2018, had a duty to keep the said vehicle in the status of the remainder of the obligation for loans, such as overdue interests, but the Defendant had a duty to maintain the said vehicle for one year at the time of the rental period of one million won to a company in the defect in Incheon Bupyeong-gu, Incheon, and used the said vehicle to lease the said vehicle and concealed it in the site of the fire, thereby allowing the victim D Co., Ltd., who received the above loan claim from C Co., Ltd. to grasp the location of the said vehicle.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of others' rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Application of Acts and subordinate statutes to the ledger of the debtor, the register of motor vehicles (A, B) of the defendant's statutory statement;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) 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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