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(영문) 수원지방법원 성남지원 2021.01.26 2020고정889
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 21, 2018, the Defendant purchased one set of passenger cars from B from B at an irregular place, and agreed to receive KRW 17 million from the victim D Co., Ltd. to pay in installments in an equal manner with principal and interest during a monthly period. On the same day, the Defendant established a collateral security on behalf of the victim on the same day.

On June 24, 2019, the Defendant paid the victim company the principal and interest up to 14 times with the next repayment of the loan, and delivered the said vehicle as security by borrowing KRW 5 million from a person who was under the name of the deceased on August 24, 2019.

Accordingly, the defendant concealed the above car which is the object of the victim company's rights, thereby hindering the exercise of rights by the victim company.

Summary of Evidence

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, content certification (which means 31 pages of investigation records), decision-making on commencement of auction at will (which means 32 pages of investigation records) of each motor vehicle registration ledger, content certification (which means 35 pages of investigation records);

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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