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(영문) 수원지방법원 성남지원 2017.07.14 2017고정630
권리행사방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution on April 29, 2016, and became final and conclusive on April 29, 2016.

On September 2, 2013, the Defendant obtained a loan of KRW 31.9 million from a victim's case capital Co., Ltd. (Gu and our social Co., Ltd.) (Gu and our social Co., Ltd.) in purchasing K7 passenger cars in Gangnam-gu Seoul, Gangnam-gu, Seoul around September 2, 2013, and created a mortgage of KRW 1,00,000 of the claim value under the name of the victim on September 5, 2014.

Nevertheless, around September 2014, the Defendant provided the above vehicle as collateral and delivered the above vehicle to a credit service provider who received a loan of KRW 10 million from an influence credit service provider in his/her name in the old street located in Jung-gu Seoul Special Metropolitan City.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of E’s complainants agents;

1. Original register of motor vehicle registration;

1. Previous convictions in judgment: The provisions of subparagraph (A) of a written reply to inquiry, such as legal statements and criminal history, and the application of Acts and subordinate statutes on investigation reports (Attachment of relevant

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The confession, the confession, the previous conviction after Article 37 of the Criminal Act, the form of crime, and circumstances unfavorable to the establishment of the right to collateral security (1 million won): The records of property crimes, etc.;

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