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(영문) 의정부지방법원 2017.12.14 2017고정1976

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 10, 2013, the Defendant agreed to pay KRW 381,387 per month to the vehicle for 36 months on condition that mortgage 100% was set up on the vehicle by purchasing the vehicle from Hyundai Capital Co., Ltd. in his own name in the year of 2011, and the Defendant obtained a loan of KRW 10 million and set up a collateral mortgage on the vehicle.

On December 14, 2013, the Defendant concealed the vehicle by borrowing KRW 4 million as collateral from the street side of the Gangseo-gu Seoul Metropolitan Government D Building and transferring the vehicle to E in order to prevent the vehicle from being recovered from the Hyundai Capital Co., Ltd.

Accordingly, the defendant interfered with the exercise of the right to the above vehicle by Hyundai Capital Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, an application for the loan of modern Capital, a statement to supplement the complaint, a summary of loan transaction, a letter of consent to the use of vehicles and a letter of consent, respectively;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s acknowledgement of the instant criminal facts, and reflects his/her mistake, and the fact that there is no record of special criminal punishment except for punishment imposed once by larceny in around 2013, etc. is recognized as a normal condition favorable to the Defendant.

However, the crime of this case, which prevents the exercise of rights by the victim by transferring the vehicle for which the defendant created a mortgage to another person as collateral, to the victim again, is not against the nature of the crime in light of the content and method of the crime, and has not yet been resolved with the victim or has not been completely recovered from the damage. The general amount of punishment in the same and similar cases, shall be balanced, and the age of the defendant as shown in the argument of this case.