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(영문) 대전지방법원 2020.05.08 2020고단583
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 21, 2017, the Defendant borrowed 50 million won from the victim E Co., Ltd. to purchase DoMW car at the shop of the Daejeon World Motor Vehicle B, and offered a mortgage on March 24, 2017 on the bond price of 25 million won in the name of the victim.

Since then, the Defendant did not pay the principal and interest of KRW 5,648,740 on four occasions, and the Victim Company received a decision of voluntary auction on March 2, 2018 from the Youngju District Court, Youngju District Court, Youngdong BranchF, and on October 15, 2019, received a decision of voluntary auction (the commencement of auction procedure, seizure, and delivery order) from Daejeon District Court.

However, on November 13, 2019, an enforcement officer was placed in Seo-gu Daejeon, Daejeon for the execution of the delivery order, but did not receive the said vehicle because of its failure to find it.

The defendant did not clearly have a place of residence or workplace, and it is considerably difficult to find the location of the above vehicle because he expressed his intention not to return the vehicle without informing the victim company of the location of the vehicle for the reason that the vehicle needs to be used for living conditions.

Accordingly, the defendant concealed the goods of the defendant, which was the object of the victim company's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes, such as a complaint, register of automobiles, certificate of contents, written decision of voluntary auction of automobiles, protocol of decision of voluntary auction of automobiles, deposit status by contract, details of deposit claims by contract, record of consultation on termination claims, history of consultation

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. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the circumstances, contents, etc. of the instant crime are deemed to be disadvantageous to the Defendant, such as grave circumstances.

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