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(영문) 서울남부지방법원 2019.02.08 2018고정971

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution in Seoul Southern District Court on March 9, 2017, which became final and conclusive on March 17, 2017.

On April 7, 2014, the Defendant: (a) purchased a vehicle from Gangseo-gu Seoul Metropolitan Government Gangseo-gu (Seoul Metropolitan Government D) with a loan of KRW 22 million from the victim D for the purchase price of the vehicle; (b) agreed to pay KRW 839,00 per month for 36 months in equal installments of principal and interest; and (c) on April 8, 2014, the Defendant sold the said vehicle on a used vehicle with no knowledge of the name of the victimized Company and delivered the said vehicle on a used vehicle with no knowledge of the name of the said vehicle; and (d) on April 8, 2014, the Defendant agreed to pay KRW 11,00,000 in equal installments of principal and interest for 36 months.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the right of the victimized Company, and obstructed the exercise of the right of the victimized Company.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. The register of motor vehicles (A),

1. Previous convictions indicated in judgment: Criminal history records, references (A), reports on results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (attached to copies, etc. of judgment);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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