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(영문) 수원지방법원 2016.04.21 2016고정476

권리행사방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On November 17, 2011, the Defendant purchased a RA car in B SP, entered into an agreement with the victim Yangyang Life Insurance Co., Ltd. to set the amount of money as KRW 23 million per month to pay the principal and interest in installments over the period of 36 months, and received the same amount and completed the registration of transfer in the name of the said car in the name of the Defendant on the same day, and on November 18, 201, the Defendant created a mortgage over the bond value of KRW 23 million in the name of the victimized company on the same day.

On February 2, 2015, the Defendant: (a) borrowed KRW 6 million from the person in the name of the victimized company when the Defendant was requested to deliver the vehicle due to the failure to pay installments; (b) provided the said vehicle as collateral with documents necessary for the transfer of the name without the consent of the victimized company; and (c) provided the said vehicle as security, even though the Defendant was aware of the fact that he/she would dispose of the said vehicle due to the failure to pay installments from the damaged company; and (d) provided the said vehicle as a result

Accordingly, the Defendant concealed the above vehicle owned by the Defendant, which was the object of the right of the victimized company, and obstructed the exercise of the rights of the victimized company

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application for a loan agreement, registration of a motor vehicle, and application of statutes on deposit details;

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 sentencing of Article 334(1) of the Criminal Procedure Act recognizes the defendant's mistake and reflects his mistake, there is no record of punishment for the same kind of crime, the damage company's receiving dividends of five million won in the relevant voluntary auction procedure seems to have been partially recovered, and the reason why the criminal conciliation has not been completed, part of the fine amount determined by the summary order shall be reduced by taking into account the circumstances where the criminal conciliation has not been completed, and the punishment as set forth in the summary order shall be determined as ordered.