beta
(영문) 전주지방법원 2017.10.20 2016고단1590

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 April 22, 2014, the Defendant purchased the first car of BMW 528i in the 234 BM in the 234 BM International Modern War, and received a loan of KRW 60,839,090 from Korea Co., Ltd. for the victim's non-party MMable Social Services Co., Ltd. for the purchase price, and registered the establishment of a mortgage of KRW 60,839,090 in the said car around the 23th day of the same month with the value of the mortgagee's claim as the victim, claim amount of KRW 60,839,090.

After that, on February 23, 2016, the Defendant borrowed KRW 21 million from the person in a name in front of the D convenience store located in the North Jinan-gun C prior to North Korea, and provided the said car to the person in a name in the name in question as security.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. Application of Acts and subordinate statutes on a contract confirmation document, receipt, ledger of automobile registration, each content verification, each protocol of impossibility of delivery of each automobile, application for installment financing with the BMW press press, and application of a contract for establishment of a right to collateral security;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendant’s primary offender, the Defendant’s agreement with the victim, and other circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., are determined as follows: (a) comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of the instant case