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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단2622

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On April 15, 2014, the Defendant borrowed KRW 23,00,000 on the condition that 60 months shall be paid in 60 months each month from Korea Co., Ltd. for social service, which took advantage of the victim's non-indicted 467,789, and created a mortgage by providing the victim with the above car registered under the name of the Defendant to the victim as a collateral, in order to purchase BM 320d 1 in the Yongsan-gu Seoul Metropolitan City.

Nevertheless, on August 2015, the defendant received a loan from a bonds company with no name-free loan and delivered the above car to the bonds company without the consent of the victim and made it difficult for the victim to find the location of the above car.

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. Statement by the defendant in court;

1. E statements;

1. Application of a contract certificate, a written application for installment financing, receipts, and statutes on registration certificates, to the contract certificate, BMW press presses;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment, the first offense, the reflection of the sentence, the installment payments have been made for one year or more, and the crime of transferring the said car to another person to secure the mother’s obligation, the amount of damage has been repaid and agreed upon by the injured party, and other factors such as the defendant’s age, sex and behavior, family relationship, the details of the crime and the circumstances after the crime should be considered.