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(영문) 서울중앙지방법원 2018.04.20 2018고단993

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 October 4, 2013, the Defendant entered into a written application with a loan of KRW 2,98 million from the “victim Hyundai Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) at the location of the Hyundai High School located in the building in Ulsan-ro, Seoul, Seoul, Yang 53-ro 30,00,000, and entered into a contract with the Defendant on the condition that B B B B B B B B B B B B B B BW car redeems on a 36-month basis on October 11, 2013.

After that, the defendant did not pay the installment to be loaned, and around August 2014, the defendant borrowed the money to the person with no name in Seoul Special Metropolitan City and provided it as security and transferred it to the person with no name in order to prevent the defendant from exercising his rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the incidental travel contract to vehicles and the motor vehicle registration ledger;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the instant crime, while the Defendant was subject to the criminal punishment of a fine in the fourth order, the Defendant was not subject to punishment for the same kind of crime, and the amount of damage resulting therefrom, Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the records and theories of the instant case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.