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(영문) 대구지방법원 2016.12.14 2016고정2429

권리행사방해

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal power] On November 26, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution for fraud, etc. at the Daegu District Court on December 4 of the same year. On July 22, 2016, the judgment was finalized on the 30th of the same month, which was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution for fraud.

【Criminal Facts】

The defendant is a person who actually operates the LAB.

On November 10, 201, the Defendant purchased RX330 C vehicles in the name of the said corporation at the used car company located in the Gangseo-gu, Daegu, Daegu, under the name of the said corporation, and entered into a loan agreement with the victim capital and loan 25,00,000,000 won, and 19% interest and interest equal for 36 months from November 10, 201 to November 21, 201, and transferred the said vehicle without permission to the customer, even though the Defendant established a collateral security on the said vehicle to the victim, on June 2012.

Accordingly, the defendant concealed the above vehicle which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. E’s statement of statement;

1. A complaint;

1. Automobile register;

1. Investigation report (related to the repayment of loans to vehicles), investigation report (related to the point of time of provision of the F vehicle);

1. Previous records: Application of Acts and subordinate statutes to a copy of each judgment, search screen of consolidated cases by prosecution;

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

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;