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(영문) 광주지방법원 2015.02.25 2014고정2366

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 13, 2013, the Defendant purchased Brode high-class passenger cars from the Middle-gu High-Class Trading Complex in Seo-gu, Seo-gu, Gwangju, and took out a loan of KRW 13,500,000 from the social service Korea within the victim Alscar Co., Ltd., and set up a mortgage of KRW 13,500,000 on the above loan as mortgagee on the above Loscar.

On April 4, 2013, the Defendant borrowed KRW 5 million from C, and transferred and concealed the foregoing vehicle to C, which is the object of the mortgage, thereby hindering the exercise of the right by the mortgagee.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes on the loan of secondhand car purchase fund;

1. Article 323 of the Criminal Act applicable to the crime;

1. Optional fine;

1. Although the Defendant appears to have economic difficulties due to the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, considering the fact that the vehicle is recovered or is not agreed with the victim, equity with similar cases, etc., the amount of the fine prescribed in the summary order cannot be deemed to be imposed.