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(영문) 인천지방법원 2018.05.10 2018고단1033
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 February 13, 2014, the Defendant was obligated to keep the said car for the victim company because the Defendant purchased Echip car from the D Highest Company located in Seo-gu Incheon Metropolitan City around February 13, 2014, received 16,000,000 won from the injured party (the injured party) LELC branch business, and paid the vehicle fee. The Defendant offered as security a mortgage of KRW 8,00,000,000 on the said car, so the Defendant was obligated to keep the said car for the victim company.

Nevertheless, on June 2014, the defendant concealed that the location of the car is not known by transferring the car to F in Gyeonggi-do.

In this respect, the defendant concealed his own property, which was the object of the victim company's rights, thereby hindering the victim company's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Complaint;

1. Application of the Acts and subordinate statutes of the Motor Vehicle Registration Register to a heavy discount application;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is against the defendant, and there is no criminal record for the same kind of crime, and the defendant purchased the instant vehicle in the course of operating the said vehicle in common with F and the F would pay the installment.

As the instant motor vehicle was transferred to F, there are circumstances that may be considered in the motive and background of the crime, and the degree of damage is significant in light of the value of the transferred motor vehicle, although not agreed with the victim.

consideration, such as any fact that is not considered

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