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(영문) 광주지방법원 장흥지원 2018.05.31 2018고단43

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On May 16, 2016, the Defendant purchased CF car in the name of the Defendant’s mother D under the name of E, and, upon receiving KRW 27,00,000 from the Victim Capital Co., Ltd., 15, 2020, the Defendant offered 849,190 per month for 48 months until May 15, 2020, set up a mortgage on the said vehicle as security to the victim Co., Ltd. on May 20, 2016.

Nevertheless, on May 4, 2017, the Defendant borrowed KRW 30 million from F to the next car page of the community service center located in the new town in the Gwangju Mine-dong, and offered and delivered the above vehicle as security, thereby concealing the vehicle that became the object of the rights of the victim company, thereby interfering with the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with respect to G or F;

1. Complaint;

1. Application for a medium and high-speed debate, application of the Motor Vehicle Registration Register (A), and Acts and subordinate statutes;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act recognize and reflects the defendant's mistake, the complainant does not want the punishment (written withdrawal of a complaint and submission of a written agreement), and other circumstances, including the defendant's age, sex, career, home environment, motive and means of the crime, and circumstances after the crime, etc., which are conditions for sentencing specified in the pleadings of the instant case, shall be determined as ordered by the Disposition.