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(영문) 춘천지방법원 원주지원 2017.02.13 2016고단1158

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 16, 2015, the Defendant was sentenced to a suspended sentence of four months of imprisonment for embezzlement at the original branch of the Chuncheon District Court on December 16, 2015, and the said judgment became final and conclusive on December 24, 2015.

On December 10, 2014, the Defendant purchased “C” passenger cars from the office of Gangnam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Office of 22, 10,000,000 won from KB Capital. On December 10, 2014, the Defendant set up a collateral security right of KRW 5,00,000 for the said passenger car as collateral.

Since February 10, 2015, the Defendant failed to repay the said installment principle, in addition to the repayment of the said installment principle twice after the lapse of February 10, 2015, and around that time, the Defendant received a demand for the return of the said passenger car from the said KB Capital Co., Ltd. and the victim, who acquired the claim from the said KB Capital Co., Ltd. and the victim, who acquired the claim from said ELC Loan, but did not comply therewith.

Accordingly, the defendant concealed his own car, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (former confirmations)-related Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Criminal Act: Selection of a fine;

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;