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(영문) 수원지방법원 성남지원 2018.01.10 2017고정1586
권리행사방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 30, 2012, the Defendant: (a) obtained a loan from the Plaintiff’s Hyundai Capital Co., Ltd. to pay the principal amount of KRW 14.5 million on the condition of installment payments for 48 months from the Plaintiff’s Hyundai Capital Co., Ltd. in order to purchase a DNA-learning passenger car in the Jung-gu Seoul Special Metropolitan City Office; and (b) on the same day, set a right to collateral security (7.250,000 won as bonds value on behalf of the victim company for the said passenger car; (c) the said passenger car became an object owned by the Defendant, which was the object of the rights of the victim company.

However, on the same day, the Defendant transferred the said car to the victim company or without notifying the victim company of the said car, or without transferring the ownership of the said car, thereby hindering the Defendant from exercising its rights to the mortgage of the victim company by making it difficult to discover its location.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the F’s criminal complaint;

1. A copy of the examination table and the application form for modern Capital;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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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