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(영문) 서울동부지방법원 2018.11.02 2018고정1046
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On November 22, 2010, the Defendant purchased Cpoter 2 vehicles, and entered into a loan agreement with Hyundai Capital Co., Ltd. and the said vehicle with the content of the principal of the loan amounting to KRW 11 million and KRW 36 months in installment period as the purchase fund of the said vehicle, and set up a collateral security right of KRW 6 million for the said vehicle to the victim company.

Although the Defendant entered into an agreement on the establishment of a right to collateral security as above, he/she delivers the said vehicle to D on or around December 2012 without the consent of the victim, and around April 2013, D would transfer the said vehicle to a person who is not his/her name.

Along with the number of transfers and certificates of seal impression regarding the disposal of the vehicle to D in front of the Gu office in a considerable amount of the Gu office located in the area of the defect Cheongju, the vehicle was delivered to the person who is not the name.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. Complaint;

1. The application of Acts and subordinate statutes to a written decision on a contract for the sale of a motor vehicle, confirmation of the fact of a contract for the sale of a motor vehicle, ledger of registration of each motor vehicle, notice of transfer of claims and acceptance of claims, peremptory notice on the exercise of a right to collateral security, order for payment of deposit amount before the Seoul Central District Court 2016, order for seizure and collection of claims 13402, conducted against the Seoul Central District Court 2017, respectively;

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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