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(영문) 서울북부지방법원 2017.09.01 2017고단2483
권리행사방해
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 16, 2016, at around 16:00, the Defendant purchased and registered a china sports vehicle at the C Office located in Seoul Special Metropolitan City, Nowon-gu, in the process of purchasing and registering a china, the Defendant concluded a loan agreement with the victim that the victim would receive KRW 25.1 million from the non-Korean Capital (ju), and pay the above china as the price for the above china, and the Defendant would pay the above china at a 60-month rate with the 60-month rate, and set up a collateral security equivalent to the maximum amount of KRW 15.1 million with the claim of the victim company as the creditor on the above china.

When the Defendant was unable to repay KRW 13 million from the land E after the purchase of the foregoing vehicle, the Defendant thought that the said vehicle, on which the victim’s right to collateral security, was created, with the equipment exceeding the collateral group, and delivered the said vehicle to E at the above C office around December 30, 2016.

After that, the injured party received an order of the court for delivery of the above vehicle against the defendant, and started the execution through the enforcement officer, but failed to find the location of the above vehicle subject to execution, and became impossible to execute it. Accordingly, the defendant was taking or concealing the vehicle owned by the defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of an application for a motor vehicle financial product, an agreement on motor vehicle financial product, the details of request for payment of installments, notification and contents scheduled to lose benefit of time, verification of contents, protocol of impossibility of delivery of motor vehicle, and application

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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the order of provisional payment set up a right to collateral security as to the vehicles as stated in the judgment in order to secure the loan obligation of KRW 25.1 million paid in the purchase of the vehicle as stated in the judgment by the defendant, and the payment of the installment amount of KRW 930,154 is different.

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