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(영문) 춘천지방법원 2018.10.24 2018고정223

권리행사방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspension of execution on July 11, 2017, and the judgment became final and conclusive on February 23, 2018, upon being sentenced to one year of imprisonment with prison labor and six months of imprisonment with prison labor at the Chuncheon District Court on July 24, 2017. On August 31, 2017, the judgment became final and conclusive on March 9, 2018 upon being sentenced to four months of imprisonment with prison labor and four months of imprisonment with prison labor for the same crime, etc. at the Chuncheon District Court, and on September 7, 2018, the judgment became final and conclusive on September 11, 2018, by being sentenced to six months of imprisonment with prison labor for fraud, etc.

On February 15, 2012, the Defendant purchased a “D” used vehicle in the “D” used vehicle trading complex in Seo-gu Incheon, Seo-gu, Incheon, in a mutual unsound trading company, and borrowed KRW 20,50,000 from the EINFINIT G35S company in the Plaintiff’s Hyundai Capital Co., Ltd. and provided a collateral security equivalent to the same amount on the said vehicle.

While the Defendant did not pay the installments to be loaned from November 20, 2012, the Defendant borrowed 4 million won from an unrefilled loan company via the Internet around December 2012, 2012, and concealed the vehicle by providing it as security and interfered with the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by a limited company specializing in EPS first-class securitization;

1. A written statement;

1. Applications for heavy loan, registers of motor vehicles, certification of the details thereof (the highest place of delivery of secured motor vehicles), claims management marks, and the next time inquiry (E);

1. Previous convictions in the judgment: (A) a written inquiry of the defendant's legal statement, criminal history, etc.; (2017No. 757; (3) the text of the judgment; (4) the text of the judgment (2018Do474); and (2) the text of the judgment (2017Do89); (375); (4) an investigation report (2018Do475); (3) the text of the Chuncheon District Court Decision 2017 Go-Ma1323; (2017 Go-Ma1323; (3) the Chuncheon District Court Decision 2018No206; (4) an investigation report (related to the date of confirmation); (37); (4) a related case search; and (5) an investigation report; and (37) a related case search; and (9) the application of law

1. Article 323 of the Criminal Act applicable to the crime and Article 323 of the choice of punishment.