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(영문) 서울서부지방법원 2016.06.29 2016고정576
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 November 29, 2010, the Defendant purchased a scoo vehicle at the agency Gangnam-gu Seoul Metropolitan Government, which is located in 106, according to the distribution of Seocho-gu, and entered into a contract for the loan of funds to purchase the scoo vehicle with the Hyundai Capital Co., Ltd. on the same day, and completed the registration of the establishment of the right to collateral security with the Hyundai Capital Capital Co., Ltd. as the creditor on the same day.

On August 5, 2015, the Defendant, at the time of late August 5, 2015, concealed the said vehicle at an irregular place when the vehicle was subject to compulsory execution by a voluntary auction decision of the Seoul Western District Court B, Seoul.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the right to collateral security of Hyundai Capital Co., Ltd., and obstructed the exercise of rights of Hyundai Capital Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. An application for loan;

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

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

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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