beta
(영문) 수원지방법원 평택지원 2018.07.26 2018고단435

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 April 12, 2017, the Defendant purchased a car at CN city in the car trading complex located in Suwon-gu, Suwon-gu, Suwon-gu, and received a loan from the victim Non-us Capital Co., Ltd. on the condition that the victim redeems KRW 40,000,000 each month between 36 months and 1,404,307, and on April 18, 2017, the Defendant set up a mortgage of KRW 20,000,000 as a creditor of the claim against the victim company.

Nevertheless, on October 22, 2017, the Defendant offered the vehicle as security and delivered the vehicle to D with the condition that he/she would dispose of the vehicle if he/she is unable to pay money within two months while borrowing KRW 10,000 from D by the bond business operator around October 2, 2017.

Accordingly, the defendant concealed the above car which is the object of the victim company's rights, thereby hindering the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application for a mid- and long-term debate, the Motor Vehicle Registration Register, details of receipt of loans, and application of each Act and subordinate statutes on investigation reports;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

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

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- The nature of the crime of this case does not correspond to those of the victim, except that the defendant has agreed with the victim. - The defendant reflects his mistake.