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(영문) 수원지방법원 안양지원 2018.01.23 2017고정826
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the K5 vehicle B.

On March 8, 2016, the Defendant: (a) purchased a vehicle number B K5 vehicle from the K5-A-A-A-A-A-A-A-A-A-A-A-A-A-A-U-S-A-A-S-A-S-A-S-A-S-A-S-S-A-S-A-S-S-A-S-S-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

However, on November 14, 2016, the Defendant failed to repay the loan by no later than December 14, 2016. In the event that two or more times of arrears, the Defendant lost the benefit of the time and demanded the right holder to exercise the right at his own discretion. On September 2016, the Defendant used the said vehicle as a security to borrow money from the Seoul Fungpo to the Fungpo, thereby hindering the victim company from exercising the right of the victim company by making it impossible to execute the auction even if the auction procedure had been initiated by requesting the victim to sell the vehicle voluntarily.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the original register of automobile registration, decision-making statutes;

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

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