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(영문) 인천지방법원 2020.09.04 2020고정49
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 6, 2018, the Defendant purchased CNS vehicles in Seo-gu Incheon, Seo-gu, Incheon, and entered into a installment financing contract with the victim D Co., Ltd. to borrow KRW 26,000,000,000 and to repay it at a annual interest rate of 18.90%, and agreed not to make any voluntary disposition, such as transfer, lease, pledge, etc., of the collateral, until the obligee performs all monetary obligations under the installment financing agreement, and established a collateral security right equivalent to KRW 13,00,000 with the mortgagee as the victim.

Nevertheless, on February 2019, the Defendant did not repay the principal and interest of the above loan in full, and did not deliver the above vehicle to E at will and made it impossible to identify its location, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Application of the defendant's legal statement, accusation, written agreement on mistake, application for automobile financing, and statutes on automobile delivery impossible protocol;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's recognition of the crime of this case, and there is no record of punishment against the defendant for any crime. Meanwhile, the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case and all other circumstances, including the defendant's age, character and behavior, the environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as per the disposition.

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