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(영문) 광주지방법원 2018.08.23 2018고단2379

권리행사방해

Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

The Defendants jointly operated a single restaurant called “D” in Seo-gu, Seo-gu.

On January 11, 2017, the Defendants: (a) purchased one motor vehicle of 307 Megts No. 307 of the building No. 162-ro, Seo-gu, Gwangju, using the vehicle to be used at the above restaurant in the Defendant’s name; (b) concluded an agreement for installment financing of a motor vehicle financed with a loan of KRW 27,500,000 from the victim Megts Capital Co., Ltd. for 48 months to secure this, and (c) concluded a mortgage on the same day with the victim’s claim amounting to KRW 27,50,000 on the same day.

Nevertheless, around September 2017, the Defendants borrowed 5 million won from the off-dong, Seo-gu, Seo-gu, Gwangju and transferred the above Gohap to the extent that it is considerably difficult to find the location of the above Gohap by obtaining a loan from the off-gu, Seo-gu.

As a result, the Defendants conspired to conceal the passenger car in the name of Defendant A, which was the object of the victim’s mortgage, and thereby interfered with the victim’s exercise of mortgage.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A written statement;

1. Application of Acts and subordinate statutes to applications for motor vehicle financial products, written agreement on debate, and copy of the original register of motor vehicle registration;

1. Relevant Articles 323 and 30 of the Criminal Act and Articles 323 and 30 of the Criminal Act concerning criminal facts and the choice of fines against Defendant A, respectively,

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant B), the confession and reflect of the reason for sentencing, the background leading up to the commission of the crime, the repayment of approximately KRW 5.6 million prior to the commission of the crime, the fact that the injured party agreed with the defendant B does not want the punishment against the above defendant, the fact that the injured party did not have the same criminal record, and the age, sexual behavior of the defendants, etc.