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(영문) 창원지방법원 밀양지원 2018.03.08 2017고단607

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

[Criminal record] On September 19, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Changwon District Court Seoyang Branch Branch on September 27, 2012 and the judgment became final and conclusive on September 27, 2012.

[2] On November 7, 201, the Defendant: (a) borrowed KRW 14.3 million from the Defendant’s Hyundai Cuba Co., Ltd. for the purchase price for one of the one of the one of the one of the one of the one of the one of the one of the two-way passenger cars; and (b) agreed to pay the principal and interest in installments for 60 months thereafter; and (c) set up a mortgage on the said passenger car as the mortgagee amount of KRW 28.60,000 at the same time.

After that, on April 2012, the Defendant borrowed 4.3 million won to the person who was dissatisfy in name, and delivered the said car to the person who was dissatisfy in name and concealed it as collateral, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against C, D, or E;

1. A written statement;

1. An application for the goods of modern capital and an application for the division of modern capital;

1. An abstract, such as the motor vehicle registration ledger (A);

1. Each investigation report (No. 10, 13, and 17 No. 17)

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 24), and judgment (Evidence List No. 25);

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. Determination of larceny, etc. at the same time with the judgment that has already become final and conclusive on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act and the sentencing conditions indicated in the records, such as equity and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the following factors: