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(영문) 수원지방법원 안산지원 2017.03.23 2017고정271
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On May 9, 2013, the Defendant borrowed KRW 19,000,000 for the purchase of BYF Soon vehicles from the victim KF Capital Co., Ltd. located in Seocho-gu Seoul Metropolitan Government, and set up a right to collateral security on the said vehicle to use the said vehicle as a person with the right to collateral security.

Around September 22, 2013 and around October 30, 2013, the Defendant borrowed a total of five million won from a bond company C as repayment deadline and delivered a bond transfer certificate, a written consent, and a written waiver of vehicle. However, on December 22, 2013, the Defendant continued contact without paying the above loan and let C sell the said vehicle to the needy.

Accordingly, the defendant concealed the car owned by the defendant, which is the object of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint filed by ELC loan companies;

1. Written statements of D;

1. Notice of transfer of bonds, agreement of asset trade, high-end installment/small-term application form, automobile registration ledger (A);

1. Application of the standard contract for loan transactions, written consent to transfer of bonds, application for lending and borrowing of money, cash certificate of custody, power of attorney for transfer of vehicles, written consent for operation, written consent for waiver of vehicles, and certificate of transfer of automobiles to statutes;

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. Article 334 (1) of the Criminal Procedure Act (see, e.g., Supreme Court Decisions 201Do111, Apr. 1, 2011

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