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(영문) 대전지방법원 2020.09.18 2020고단1861

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 March 16, 2017, the Defendant purchased the Grand Car from the Large and Medium Enterprise Co., Ltd. (hereinafter referred to as the “FFFFFF”) at a time of the large-scale war, and was granted a loan under the condition that loans of KRW 12.5 million, 36 months, and 15.9% of the loan interest rate, and on March 21, 2017, the Defendant set up a mortgage on the claim amount of KRW 6.25 million to the victim company on the above vehicle.

Nevertheless, on July 2018, the Defendant provided the above vehicle as security and made it considerably difficult to find the location of the vehicle.

Accordingly, the defendant concealed the above vehicle which was the object of the mortgage of the victim company, thereby hindering the victim company from exercising its rights based on the mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A report on investigation (in cases of suspect calls, the location of a vehicle, and the possessor of a vehicle, whether they are available);

1. Complaints, written applications for loans for motor vehicle purchase and written agreements, account statements, deposit statements, receipts status, redemption lines, motor vehicle register, certificate of highest contents of return of mortgaged property, contract termination and mortgage, reasonable statement by transaction partner, and application of payment order-related Acts and subordinate statutes;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding seven million won;

2. Determination of sentence: In light of the content of the instant crime in which a fine of KRW 3 million is imposed, the Defendant’s liability is not less than that against the Defendant, and the Defendant is highly likely to be subject to criticism in light of the circumstances with various criminal records, etc.

However, the defendant committed the crime of this case since it is difficult for him to divide his wrongness into depth, and the circumstances of repayment of the loan of this case to the extent of 13 times.