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(영문) 서울북부지방법원 2018.11.12 2018고정1338

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on February 12, 2016, and was sentenced to one year and six months of imprisonment with prison labor at the same court on April 22, 2016, and became final and conclusive on September 9, 2016, respectively.

On June 28, 2014, the Defendant: (a) purchased a substitute for the bred vehicle at the point of Seongbuk-gu Seoul, which is a partnership in the Seongbuk-gu Seoul, in order to purchase the said vehicle at the point of Seongbuk-gu, Seongbuk-gu, Seoul, on the condition that the 375,019 won shall be divided and repaid each month; (b) the damaged Hyundai Capital Co., Ltd. Co., Ltd. Co., Ltd. (a limited company specialized in the securitization of the APS as of May 20, 2016) borrowed 9,900,000 won from the APS Co., Ltd., and set up a collateral mortgage of the said vehicle in the said victim’

After that, from February 2015, the Defendant had failed to pay installment payments, and around March 2015, the Defendant received cash of 230 to 27 million won from a person who was aware of through the Internet site, and made it difficult to identify the location of the vehicle by giving the vehicle to a person who was not the name.

Accordingly, the defendant has obstructed the victim's exercise of rights by concealing his own vehicle, which was established as a collateral for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Previous convictions in judgment: Application of the search table of each net case, and a copy of each written judgment;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

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;