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(영문) 수원지방법원 성남지원 2017.11.29 2017고단1633

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 October 26, 2016, the Defendant obtained a loan of KRW 14 million from the victim KB Capital Co., Ltd. at the point of "KB Capital of 611 Samsung Building 9'KB Capital" in Incheon Central High School, as the Incheon Southern-gu Incheon, from the victim KB Capital Co., Ltd., and around October 27, 2016, the Defendant mortgaged the creditor to the above passenger car as the victim, and the bond value of KRW 7 million as the bond value.

On December 2, 2016, the Defendant borrowed KRW 3 million from a bond company whose name is unknown at the end of the end of the month, and transferred the said car as security, thereby hindering the victim from exercising his rights by concealing the said car which was the object of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, application form and summary of the debate, B car registration register (A and B);

1. Application of Acts and subordinate statutes concerning decision on voluntary auction of D motor vehicles, and information concerning impossibility of delivery of motor vehicles;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Determination of a fine of KRW 3 million - Determination of a fine of KRW 3 million in consideration of the fact that the defendant confessions and objects to the confession, the value of loans and bonds, the period during which damage has not been recovered, and the fact that the defendant does not want the punishment of the defendant by agreement with the victim

In addition, the punishment shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the records and arguments.