logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.07 2018고단2184
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 5, 2016, the Defendant purchased DSS7 car from “C” located in Seongdong-gu Seoul Special Metropolitan City, Seongdong-gu, Seoul, and entered into an installment financing agreement with the victim Hyundai Capital Co., Ltd. and the said car as collateral with the principal of the loan amount of KRW 14.9 million, the loan period of KRW 36 months, the monthly payment of KRW 530,484, and on the same day, set up a mortgage on the bond amount of KRW 7.455,00 for the said car.

The Defendant paid the loan principal only until January 2017, and did not notify the victim of the remainder of the loan principal amounting to KRW 14,744,470, and did not notify the victim, around March 2017, the Defendant borrowed KRW 5 million from the pawnpo in the vicinity of the Gangwon-do Stack-gun E, Gangwon-do, as security, the said car and transferred it to F to F, thereby making its location unknown.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is 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 protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to criminal complaint forms, agreement on acquisition of assets, contract forms, ledger of automobile registration (A), ledger of automobile registration (B), loan sites, etc., and investigation reports (Seoul Northern Branch), and H telephone conversations;

1. Article 323 of the Criminal Act applicable to the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to have lent the name of the vehicle purchase and loan contract to the remaining living together in the year. The above living together borrowed 5 million won to the relative of the remaining living together and delivered the vehicle to the credit service provider by receiving the return of the vehicle, and the defendant received the loan from the credit service provider and delivered it as security. It seems that the leased 5 million won was the relative of the living together in the above South and the defendant used the loan in proportion to the amount of 5 million won.

Unfavorable circumstances: The credit service provider shall receive the vehicle from the relative of the other living together.

arrow