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(영문) 인천지방법원 2021.02.05 2020고정2144

권리행사방해등

Text

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

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

Reasons

Punishment of the crime

1. On October 12, 2015, the Defendant: (a) obtained a loan of KRW 28,400,000 from the Victim C Co., Ltd. at the C Down branch located in Gangseo-gu Seoul, Gangseo-gu, Seoul on October 12, 2015, the Defendant set up a collateral security right with a claim amounting to KRW 14,200,000 for the D SP car owned by the Defendant as the mortgagee; and (b) the claim

Nevertheless, on April 2017, the Defendant suspended the payment of installments, and issued the said car to the person who was named in the name of the person who was not the party.

Accordingly, the defendant concealed the defendant's car which is the object of the victim's mortgage and interfered with the victim's exercise of rights.

2. On April 11, 2017, the Defendant: (a) filed an application with the victim for additional credit loans of KRW 8 million; (b) applied for the loan to the victim; and (c) was committed as if the Defendant would normally repay the loan with the installment payment for the vehicle as set forth in paragraph (1).

However, the defendant did not have the intention or ability to pay 8 million won even if he borrowed 8 million won from the injured party, and the vehicle installment payment stated in Paragraph 1 was also suspended and locked.

Nevertheless, as above, 8 million won was loaned from the injured party by deceiving the victim.

Accordingly, the defendant deceivings the victim and defrauds 8 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the comprehensive details of vehicles in the police statement protocol to E (D) Acts and subordinate statutes on the complaint;

1. Relevant Article 347(1) of the Criminal Act, Article 323 of the Criminal Act, and the choice of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;