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(영문) 수원지방법원 2018.04.26 2018고단982
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 21, 2013, the Defendant decided to repay the borrowed amount of KRW 737,425 each month from the Defendant’s Hyundai Capital in equal repayment of principal and interest, and borrowed KRW 19.6 million from the vehicle purchase fund, and around June 26, 2013, the Defendant set up a right to collateral security against C, owned by the Defendant, as the victim company, as the right to collateral security against C, the victim company.

On June 2013, the defendant borrowed KRW 8 million from the name-free bond company to the bonds company at the end of Incheon Metropolitan City (hereinafter referred to as "SP") and offered the above passenger car as collateral to the bond company and delivered it to the bond company.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of the right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. Complaint;

1. Application of Acts and subordinate statutes of the Ministry of Finance and Economy, notification of assignment of claims, peremptory notice to the exercise of right to collateral security against automobiles, and the ledger of registration of automobiles;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant: (a) disposed of a vehicle equivalent to KRW 19,600,000, which was created a collateral security to the victim company to dispose of the vehicle; (b) the Defendant was sentenced to a fine twice in fraud even in 2016; (c) the Defendant was found guilty; (d) the Defendant paid KRW 12,00,000 to the Company Specializing in Asset-Backed Securitization on the first day of Es. Es. Es., for which the Defendant was assigned the Defendant’s claim against the Defendant from the victim company; (d) the transferee company withdrawn the complaint against the Defendant; and (e) both the Defendant’s crime and the fraud committed in 2016 appears to have been in an economically difficult situation at the time of the first half of 2013, other favorable circumstances, such as the Defendant’s age, sex, environment, and the Defendant’s crime.

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