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(영문) 울산지방법원 2016.06.17 2016고단588

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 30, 2015, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Ulsan District Court for fraud, etc., and the judgment became final and conclusive on November 7, 2015.

On April 8, 2014, the Defendant borrowed KRW 15 million from the victim KF Capital Co., Ltd. in order to purchase a used car in the used car selling company located in the Busan FFGB, and set up a mortgage on the said car as security, but around October of the same year, the Defendant sold the said car at the home plug parking lot located in the Busan FFGB to the non-resident of the name of the Plaintiff at KRW 4 million.

Accordingly, the defendant concealed the passenger car owned by the defendant, which is the object of the victim's mortgage, and obstructed the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the complainant and complainant;

1. Investigation report (Register of Automobile Registration);

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70 and 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;