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(영문) 수원지방법원 성남지원 2021.02.18 2020고정640
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 June 11, 2018, the Defendant purchased a rocketing car under the name of the Defendant, and agreed to borrow 22 million won from the Defendant C Co., Ltd. to pay 569 and 482 won each month between 60 months, and set up a mortgage in the name of the victim with the claim value of 22 million won.

On September 2018, the Defendant borrowed 4 million won from the personal credit service provider D, a credit service provider in the vicinity of the Seongdong-gu, Sung-gu, Sungnam-si, and delivered the said vehicle for the purpose of security, and made it impossible for the victim to know the location of the vehicle.

Accordingly, the defendant concealed the motor vehicle owned by the defendant, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Written statements and written complaints of E;

1. An application for motor vehicle financial products, an order for payment issued by the Seoul Southern District Court, or a notice of expected loss of time limit;

1. The automobile registration ledger (the defendant's act of delivering a motor vehicle to a third party whose identity is uncertain without taking measures to recover the motor vehicle that is the object of the victim's right in the situation where the defendant did not take measures to recover the motor vehicle in the situation where the defendant did not fully pay a loan to the company, although he/she thought that he/she would repay his/her debt to the creditor who lent his/her money and collect the motor vehicle as indicated in the judgment, he/she did not find the creditor's failure to find it. However, the delivery of the motor vehicle

Therefore, the defendant's assertion cannot be accepted.

Application of Statutes

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime.

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