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(영문) 전주지방법원 2017.01.20 2016고정321
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 24, 2011, the Defendant purchased one vehicle from the victim company B New SM3 in the name of the Defendant from the victim company at Korea Ltd. (hereinafter “victim company”) for social service Korea Co., Ltd. (hereinafter “the victim company”), which was added to Geumcheon-gu Seoul (hereinafter “Seoul”), with a loan period of KRW 16.4 million out of the purchase price, was extended from February 25, 201 to February 25, 2015 (48 months), interest rate of KRW 6.9% per annum, and the repayment method was extended to the victim company, the mortgagee as the victim company, the Defendant, and the bond amount of KRW 8.2 million on the following day.

Nevertheless, on May 2013, the Defendant borrowed 3 million won from the person who was unaware of his name at a mutual influent loan company near the Aksan Station located in the Dong of Gwangjin-gu Seoul Special Metropolitan City, and transferred the said car for the purpose of securing the said car without the consent of the victim company, and made it impossible to discover the location thereof.

Accordingly, the defendant concealed the car owned by the defendant, which is the object of the victim's mortgage, and interfered with the victim's exercise of mortgage.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Complaint;

1. A written additional statement;

1. The head of the debtor's office, business place, notification of transfer of claims, certification of contents, agreement on installment financing and loan, terms and conditions of sale, the ledger of registration of automobiles (B), and agreement on asset sale;

1. Application of Acts and subordinate statutes to investigation reports (the delivery of additional written statements and details of repayment of loans by registered mail);

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 amount of interference with exercise of rights is not a large amount for the benefit of sentencing under Article 334(1) of the Criminal Procedure Act, the defendant has no record of having received criminal punishment for the same kind of crime, and the defendant is the defendant.

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