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(영문) 의정부지방법원 2016.09.22 2016고정392
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 September 17, 2014, the Defendant obtained an installment loan of KRW 37 million from the victim Hyundai Capital Co., Ltd. at the D agency of Songpa-gu Seoul, Inc., Ltd., by obtaining an installment loan of KRW 37 million. On September 17, 2014, the Defendant registered the vehicle as the owner of the said rocketing soil vehicle on September 18, 2014, and registered the collateral security of KRW 18.5 million in the said vehicle in the name of the victim.

Nevertheless, on September 18, 2014, the Defendant: (a) borrowed KRW 16 million from F in the form of “protruding tin”, a vehicle mortgage loan business entity F; and (b) had F staff take and conceal the said E MY vehicle, which is the object of the victim’s right to collateral security, at the vehicle H plant located in G in e.g., in e., the victim’s right to collateral security, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect against F or I;

1. The accusation of modern Capital;

1. Recording (Preparation A, Sept. 17, 2014), a copy of the credit transaction basic terms and conditions, a copy of the loan agreement, a copy of the ledger of vehicle registration, a copy of the fact-finding confirmation (Eysttotototoo), a copy of the deposit and withdrawal transaction, a copy of the loan certificate (Preparation A, Sept. 19, 2014), a copy of the vehicle driving manual (Preparation, Sept. 16, 2014), a copy of the vehicle driving manual (Preparation, Sept. 16, 2014), a copy of each document of vehicle abandonment (Preparation, Sept. 16, 2014), a copy of the responsibilities (Preparation, Sept. 16, 2014), a copy of the vehicle acquisition agreement (Preparation, Sept. 16, 2014), a copy of the vehicle acquisition certificate (Preparation, Sept. 16, 2014), a copy of the suspect's certificate (issuance, Sept. 16, 2016).

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;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The summary of the argument is that the Defendant only sought a loan from F, and F independently took the instant vehicle, and the Defendant’s act is about the victim’s right to the lower part.

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