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(영문) 울산지방법원 2021.01.14 2020고단987
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On March 2, 2017, the Defendant agreed to obtain a loan of KRW 25 million from the Victim B Co., Ltd. on a condition that 60 months change. On March 6, 2017, the Defendant set up a right to collateral security of KRW 12,50,000 against the said vehicle to provide a passenger car purchased with the said loan as security for the said loan.

On January 2019, the Defendant borrowed 3.8 million won from the name-free bond company operating D's "D" in Busan around Busan, and transferred the said vehicle as a collateral and made it impossible to identify the location of the vehicle.

Accordingly, the defendant concealed the passenger car which is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. The computer screen pages of E, the details of calculation of termination on the mid-to-mid map, the application for an erroneous debate, and the original register of automobiles;

1. Application of Acts and subordinate statutes to a report on investigation (the contents of DNA currency in which the person under investigation has passed the vehicle);

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 crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a crime of this case where the defendant arbitrarily delivers and conceals the instant vehicle which is the object of the victim company's mortgage to a third party, thereby obstructing the exercise of the victim's rights. Meanwhile, the defendant acknowledged the crime, and the victim is not subject to the punishment of the defendant, since the vehicle is delivered to the victim, and there is no record of the defendant being punished beyond the punishment history or fine due to the same crime (the record of the suspension of indictment due to the same crime is not clear whether the previous crime is the crime of this case), and other various sentencing conditions such as the motive and background of the crime, method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record are considered, and the punishment is determined as ordered.

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