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(영문) 울산지방법원 2018.04.20 2017고단1651
권리행사방해
Text

Defendant shall be punished by a fine of 6,400,000 won.

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

Reasons

Criminal facts

On January 14, 2014, the Defendant offered the said car as a security for a loan to the said car by obtaining a loan of KRW 29,900,000 from the Plaintiff (the State) with the purchase price for the car CK7 from the Hyundai Capital, and by establishing a mortgage on the said car.

Nevertheless, the Defendant did not receive KRW 1 million from D in the non-permanent area of the date of 2014, and did not provide for any method of recovery, etc., and gave the said car to D.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. A complaint, a motor vehicle registration ledger (CK7), an asset transfer agreement, a screen related to the collection of claims, a written application for heavy loan, a notice of assignment and acceptance of claims (1j), a certificate of content (1st notice on delivery of secured vehicles), a statement protocol (F), a written decision on non-prosecution, and an inquiry by telephone;

1. Application of Acts and subordinate statutes to each investigation report (as to the violation of traffic control by C, which is the vehicle in this case), (as to the result of re-examination of suspect's domicile), and (as to the report of witness E’s hearing),

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 defendant guilty of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order and the defense counsel have lent the defendant's own name to allow D to purchase the automobiles as indicated in the judgment with a loan as criminal facts, and the defendant did not deliver or conceal the automobiles as indicated in the judgment of the court.

The argument is asserted.

However, the evidence of the judgment and ① the defendant, as stated in the judgment, received a loan as stated in the facts constituting a crime (see the second loan application) and did not leave another person as his/her agent in the process, and the person who received such loan and calculated high-priced automobiles with no special circumstances.

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