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(영문) 창원지방법원 2016.04.28 2015고단3209

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 June 9, 2014, the Defendant purchased B QM5-RE car equivalent to KRW 28,484,060 at the market price at the same location of Hano Samsung Samsung Motor Vehicle located at the time of Kimhae-si, the Defendant entered into a financial contract with the Defendant to pay KRW 25 million between 60 months and 60 months at the interest rate of KRW 6.9% per annum, and set up a mortgage on the bond value of KRW 25 million for the said car on June 16, 2014.

On January 2015, the Defendant borrowed 7 million won from the non-registered bond company in the name of the victim without the consent of the victim in the non-bearer area of Busan Metropolitan City and Busan Metropolitan City, and delivered the said car as a collateral, making it impossible for the victim to grasp the location of the said car.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to certificates of vehicle registration information, such as a complaint book, installment financing and loan agreement, letter of promise to maturity guaranteed by the remainder, the register of automobile registration, etc.;

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 reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant was released from parole while he was sentenced to imprisonment for a violation of the Game Industry Promotion Act due to a violation of the Act on Promotion of the Game Industry and committed the crime in this case only for one year after the parole period has expired, and that the damage has not yet been completely restored to the defendant is a full-time member disadvantageous to the defendant: Provided, That the fact that the defendant has no record of crime in the same kind, has agreed with the victim, and that the defendant has not committed a second offense in depth, and

to take the action of the fine in consideration of the fact that the fine is being imposed.

(b)the age, sex, family environment, motive and circumstances of the commission of the offence.