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Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On March 3, 2008, the Defendant obtained a loan of KRW 8.5 million from the victim's Hyundai Capital Capital 8.5 million each month from the victim's Modle Modle Modle 5th, Seoul, Gangdong-dong 68-10, on condition that the purchase price of the instant vehicle shall be paid in installments for 36 months each, at the location of the five-story Modle Modle Modle Modle Modle, Gangdong-gu, Seoul, Seoul, etc. (hereinafter "the instant vehicle"), and provided the victim with a collateral for the instant vehicle as security for the foregoing loan obligation.
However, the Defendant concealed the instant vehicle from the date of indisplacement on February 25, 2011 when it was likely to be subject to compulsory execution due to the failure to pay the installment from January 201 to the date, and caused the victim to be unable to execute an order of delivery of the said vehicle on the ground that the enforcement officer entrusted with the execution failed to find the goods subject to execution, thereby obstructing the victim’s exercise of rights by concealing the said vehicle which became the object of the victim’s rights.
Summary of Evidence
1. Legal statement of witness D;
1. Application of Acts and subordinate statutes on loans for motor vehicle purchase funds, the register of motor vehicle, details of loans claimed, details of deposits of loans, records of the progress of civil litigation, and the records of non-delivery
1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;
1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse
1. The Defendant asserts that, around January 2010, the Defendant borrowed KRW 2 million from a credit service provider and transferred the possession of the Ma business vehicle as a security, and that there was no intention to obstruct another’s exercise of rights, since the victim was unaware of compulsory execution.
2. According to the reasoning of the judgment, the witness D’s statement in this court and the statement in the investigative agency, the Defendant paid a loan of approximately KRW 250,000 per month from March 25, 2008 to December 30, 2009.