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(영문) 서울동부지방법원 2019.06.25 2019고정338
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 19, 2018, the Defendant agreed to make equal repayment of the principal and interest at the rate of KRW 20,000,000 per annum 21.9% per annum, interest rate of delay 24%, and 48 months during the lending period, and registered the complainant as the mortgagee on March 20, 2018.

However, the defendant did not obtain the consent or consent of the complainant, and transferred the above vehicle to D immediately after the loan.

Accordingly, the defendant interfered with the complainant's exercise of rights against the above vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The complaint, the application/agreement, the motor vehicle register, the F motor vehicle auction by the Seoul Eastern District Court, the protocol of impossibility of delivery of motor vehicles, and the details of receipt of the plan (the defendant did not receive a loan from the complainant, and the vehicle was not delivered to D). The defendant prepared an application/agreement, the certificate of transfer of the motor vehicle, etc. according to the evidence duly adopted and investigated by the court, the fact that the defendant offered the vehicle to D as security, and the present vehicle can be recognized that the location of the present vehicle is unknown, and thus the defendant's argument is without merit). The application of the law is without merit.

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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