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(영문) 서울북부지방법원 2017.11.24 2017고정1460
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 February 6, 2015, the Defendant purchased a second-class car in the middle-class market located in the Seoul Dongdaemun-gu Seoul metropolitan commercial complex, and 14 million won in the purchase price was loaned from Non-Korean Capital Co., Ltd. to the victim for 48-month equal installment repayment terms and conditions for the above debt on the same day, and set up a mortgage on the said car as security for the above debt amount of KRW 7 million in the secured claim amount, and the mortgagee as the victim.

Although the Defendant had well preserved the said car which was the object of the mortgage as above, the Defendant paid 7,842,959 won out of the above loan principal around November 25, 2016, and borrowed 5 million won from C, which is the Defendant’s seat, and offered it as security by transferring the said car.

Accordingly, the Defendant concealed the said car that became 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. Complaint;

1. Application for a middle or second or old debate, details of request for payment of installments, and application of statutes of the Motor Vehicle Registration Register;

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

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