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(영문) 인천지방법원 2018.04.04 2017고단9462

권리행사방해

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Records] On September 7, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Promotion of Game Industry at the Incheon District Court, and the judgment was finalized on the 15th of the same month.

[2] On January 27, 2014, the Defendant purchased CK7 car at the point of Yang Jae-gu Seoul Seocho-gu Seoul High Court Branch of 12 Hyundai Capital Co., Ltd., and took out a loan of 34.5 million won from the victim Hyundai Capital Co., Ltd. on January 28, 2014, and set up a mortgage on the said car as the victim's company with the bond value of 34.5 million won and the mortgagee's company.

Nevertheless, on February 2014, the Defendant borrowed KRW 111.7 million from a bonds company with no name in the city of Ansan-si in Gyeonggi-do, and delivered the said automobiles to the above bonds company as collateral, thereby interfering with the exercise of rights by the victim company by concealing the said automobiles which were the object of the rights of the company of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints filed in D;

1. Application of the Acts and subordinate statutes of the new installment plan and the ledger of automobile registration;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the instant records and trial process, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method, and circumstances after the crime, etc., the sentence identical to the order shall be determined.

The crime of this case was committed at a disadvantage: the defendant purchased a vehicle from the damaged person in return for a loan from the damaged person in the name of the vehicle and set up a mortgage, and delivered the vehicle to the bond company as collateral and concealed it; the crime is not good in that it interfered with the legitimate exercise of the victim's rights; and the damage suffered by the victim.