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(영문) 대구지방법원 2020.11.10 2020고정1195
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

On April 10, 2018, the Defendant entered into a credit transaction agreement and a mortgage creation agreement with the E Co., Ltd. that assigned the instant claim to a company (D) located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government, on security of the said vehicle and 6.5 million won in total amount of bonds and debt collection.

Nevertheless, the Defendant failed to repay the principal and interest only once, and concealed the demand of the complainant to return the vehicle even though it was demanded by the complainant company.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a complaint, an asset transfer agreement, a notice of assignment of claims, a certificate of fact of middle loan contract, a register of automobiles, a statement of account of claims, a statement of statement on the supplement of complaint, a statement on investigation (in currency with an appellant) and a report on investigation (vehicle operator and telephone

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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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