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(영문) 대구지방법원 안동지원 2018.05.18 2017고정227

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 October 16, 2013, the Defendant purchased a vehicle from B-to-faced from the Hyundai Motor Vehicle's business establishment opened at Guro-gu Seoul Metropolitan Government opened at 42, and entered into a loan agreement with the victim A-to-land Capital Co., Ltd. with the principal of the loan at KRW 21,30,000, loan period at KRW 60 months, and interest rate at KRW 7.5% per annum. On October 17, 2013, the Defendant set up a mortgage on the amount of the above A-to-faced vehicle as the mortgagee on the amount of the loan as the collateral for the above loan.

Nevertheless, on March 2016, the Defendant borrowed KRW 5 million from a person who was in the name in Seoul Special Metropolitan City, in the Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Hall, and offered it as security to him/her.

Accordingly, the defendant concealed the motor vehicle which was 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. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, reflects his mistake by recognizing the instant crime.

There is no record of punishment since 2003, and there is no record of the same kind of crime.

It seems that the defendant does not use all the money borrowed from the pawnpos.

However, the defendant, while purchasing the vehicle, received a loan from the injured party as the price for the vehicle and set up a mortgage, and delivered the vehicle as security, thereby hindering the legitimate exercise of rights by the injured party.

Although the degree of damage of the victim is not somewhat weak, the damage has not been restored up to now.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and result of the crime, circumstances after the crime, family relations, and economic circumstances are considered as a whole.