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(영문) 서울중앙지방법원 2018.04.25 2018고정779
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On September 29, 2016, the Defendant purchased a vehicle with the highest (C) vehicle located in Seongdong-gu Seoul building No. 104, Seongdong-gu, Seoul, and paid the purchase price for the vehicle by obtaining a loan of KRW 17 million from the Hyundai Capital Co., Ltd., the damaged party. The Defendant registered the vehicle in the name of the Defendant while deciding to pay the purchase price by equal repayment of the principal and interest at 23.9% per annum for 48 months. The Defendant set up a security for the said vehicle with the victim at the right holder (the value of bonds 8.5 million won).

Since then, when the Defendant did not pay the installment of the loan to the victim on or after December 20, 2016, the Defendant rejected the Defendant’s request to return the vehicle if the Defendant could not pay the installment or pay the installment several times from the loan of light asset management, which was a stock company that received the Defendant’s credit from the victim and the injured party. On November 201, 2017, the Defendant offered the said vehicle to the said “D” as security by borrowing seven million won from the “D” in the name of the first and second place.

Accordingly, the defendant interfered with the victim's exercise of rights by concealing his own vehicle which is the object of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A criminal investigation report (Attachment of suspect letters);

1. Application of the certified copy or abstract of the motor vehicle registration ledger (A);

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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