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(영문) 수원지방법원 여주지원 2015.07.24 2015고단492
권리행사방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 18, 2014, the Defendant was sentenced to two years from the Incheon District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance, etc. of False Tax Invoice) and the judgment was finalized on August 14, 2014.

Around December 2, 2010, the Defendant purchased a vehicle with CSS3 in his name and registered it in his name, and received a loan of KRW 15,100,000 from the Korea Social Services Co., Ltd. to the victim, and thereafter registered the mortgage of KRW 7,550,000 in the name of the victim with respect to the said vehicle in the name of the victim.

At the end of November, 2012, the defendant, who is in Bupyeong-gu Incheon Bupyeong-gu D, borrowed 4,00,000 won from his name partner in the E-office for the settlement of disputes, and provided the above car as security, thereby making the victim's right unknown, thereby hindering the victim's exercise of right by concealing it.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A complaint;

1. Installment financing and loan agreement;

1. Automobile register;

1. Previous convictions in judgment: Inquiries, references, undispositions, advance rulings, confirmation reports, and application of statutes of the judgment;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of punishment, and the choice of a fine;

1. The latter part of Article 37 of the Criminal Act and the main sentence of Article 39 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include favorable circumstances such as the fact that the defendant was committed at the time of and against his own crime, and the defendant provided the above vehicle to a third party, which became the object of the exercise of the security right, as collateral by means of a mortgage, causing property damage equivalent to the security value of the above vehicle to the victim by making it unclear, and other unfavorable circumstances such as the defendant's age, family environment, motive for the crime, circumstances after the crime, and criminal facts of this case.

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