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(영문) 제주지방법원 2014.10.30 2014고정818

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 23, 2013, the Defendant borrowed 49 million won by entering into a credit transaction agreement for the purpose of purchasing construction equipment C from the victim HK Savings Bank, which was introduced through the Seo-gu 37-7, Jung-gu, Daejeon Metropolitan City Down-dong 37-7.

From August 5, 2016 to August 5, 2016, the contractual terms set up a mortgage on construction equipment with a monthly repayment of KRW 1,696,200.

However, on November 2013, the Defendant interfered with the legitimate exercise of rights by selling the above construction equipment which was the object of another person's exercise of rights in the name of the victim at the E Construction Site D, which was established a mortgage in the name of the victim, to a person who could not identify the said construction equipment.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions, agreement on loan application, and application of Acts and subordinate statutes of the construction machinery original register;

1. Relevant provisions of criminal facts: Article 323 of the Criminal Act;

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

1. Provisional payment order: The punishment shall be determined as per the disposition in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The facts that a person recognized a crime and reflects the fact that there is no record of punishment for the same kind of crime: The fact that the victim has not recovered 44 million won out of the principal of the loan and that there is no record of punishment for the same crime: The age, occupation, family relation, etc. of the defendant;