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(영문) 인천지방법원 2019.07.18 2018고단4624

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On December 18, 2017, the Defendant borrowed KRW 24 million from the victim C Co., Ltd. located in Nam-gu Incheon Metropolitan City, Seoul, to purchase D low-priced passenger cars, and around December 21, 2017, the Defendant issued a mortgage over the above loan amounting to KRW 12 million with the victim as the mortgagee in relation to the above loan as security on December 21, 2017.

On April 20, 2018, the Defendant borrowed KRW 4 million from E’F near the E’F located in the Gangwon-do Stick-gun, and offered the said car as security for the said borrowed money.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A complaint;

1. Application for a middle and long-term debate, and the original registration of automobiles;

1. Application of Acts and subordinate statutes to investigation reports (related to the statement of the F President);

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the crime, selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that there is no other criminal record except the defendant who was sentenced to a fine for gambling in the year 2009 as a security of the victimized company, and the defendant's age, character and conduct, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, record of the crime, and all of the sentencing conditions indicated in the arguments and records of the case, such as the record of the crime.