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(영문) 서울중앙지방법원 2014.05.28 2014고정2244
권리행사방해
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 11, 2010, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on February 19, 2010. On October 20, 2010, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on February 8, 201.

On April 23, 2010, the Defendant, at the military branch of the victim Hyundai Capital Co., Ltd., Ltd., located in Gwangjin-gu, Seoul Special Metropolitan City, set up a collateral security right on the said motor vehicle, subject to KRW 36 months, monthly payment of KRW 475 and KRW 253, on condition of KRW 475 and KRW 253.

However, on August 24, 2010, the Defendant was unable to repay only 16,664,57 won, including arrears, until August 24, 2010, and the Defendant concealed the said automobile by providing it as security to other creditors, and thereby hindering the exercise of the right to collateral security by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application for a loan, loan agreement, register of automobiles, details of deposits, and details of balance;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and a copy of each written judgment;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. The instant crime involving concurrent crimes is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with a final judgment rendered on February 8, 2011. However, due to the existence of a final judgment rendered on February 19, 2010, the instant crime and the instant fraud could not be adjudicated at the same time, and thus, Article 39(1) of the Criminal Act does not apply (see Supreme Court Decision 2009Do948, Oct. 27, 201).

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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