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(영문) 의정부지방법원 고양지원 2015.12.04 2015고정911

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 17, 2012, the Defendant borrowed KRW 19,500,00 as a fund for the purchase of used vehicles from the victim Aju Capital Co., Ltd. and set up a collateral security interest of KRW 13,650,000 with respect to the said vehicles as a collateral at the location of the Goju-si Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, 91-14.

Nevertheless, on January 2014, the Defendant received 3 million won as collateral and arbitrarily transferred the foregoing Aburged car to a bond manager who is unable to know the name before the KO Center located in Seongdong-gu Seoul, Seongdong-gu, Seoul.

Accordingly, the defendant, who was the object of the victim's right, concealed the above vehicle owned by the defendant, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the register of automobiles, such as an application for installment plan;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, resulting in the victim’s failure to secure the principal and interest of 12 million won, and up to now the victim’s damage has not been recovered. Since the defendant applied for the individual rehabilitation, it seems difficult to recover the damage.

The defendant recognized the crime of this case and is the first offender who has no criminal power.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.