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(영문) 수원지방법원 2018.01.11 2017고정3161
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

The defendant is the owner of a mp vehicles B.

On February 12, 2014, the Defendant purchased the said vehicle at the scopic site, and concluded a written application with Hyundai Capital Co., Ltd. to pay 20 million won in installments in 36 months, and set up a collateral mortgage on the said vehicle on the same day.

After the creditor changed from the Hyundai Capital Co., Ltd. to the company specialized in the securitization of the Eth Eth Ethmp in the late payment, the limited company requested the defendant to return the above vehicle which became the object of the right due to long-term delinquency.

However, on February 2, 2015 to March 2, 2015, the Defendant sold a vehicle to a person without a name, without a normal transfer registration, and obstructed the exercise of the right to the said vehicle by concealing the vehicle by delivering it to a third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to supplement police complaints filed against C;

1. Complaint;

1. An installment financing agreement;

1. Notice of transfer and acceptance of claims and public notice of transfer of claims;

1. A certified copy of the motor vehicle registration ledger (A);

1. Application of Acts and subordinate statutes regarding certification of the contents of a motor vehicle mortgage;

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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