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(영문) 부산지방법원 2018.05.29 2017고정2486
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 March 25, 2013, the Defendant purchased D-to-pubed car at C agency located in Busan Jung-gu, Busan, the Defendant prepared a written application for Hyundai Capital Vehicles with a loan of KRW 17,700,000 from the victim Hyundai Capital Co., Ltd. on the condition that it shall be repaid to 48 months in installments. On April 9, 2013, the Defendant registered the establishment of a right to collateral security with the victim as a person with a right to collateral security.

Nevertheless, on October 4, 2013, the Defendant borrowed the above Aburged car which became the object of the victim's right from G to the F Institute in front of the F Institute located in the Busan East-gu, Busan-gu, and subsequently transferred the said car as security, and concealed it in such a way as to make it impossible for the victim to grasp its location, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

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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