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(영문) 대전지방법원 천안지원 2015.06.26 2014고단1673
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 March 7, 2013, the Defendant purchased the said vehicle under the name of the Defendant at the point of Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, Cheongju-dong 261-5, Pacific Capital Co., Ltd., and agreed to set up a collateral security on the said vehicle to the victim Aju Capital Co., Ltd., and to repay 509,340 won monthly from April 2, 2013 to April 36, 2013.

Nevertheless, around March 7, 2013, the Defendant agreed to borrow KRW 5 million as security the said vehicle to D, who is an employee of the lending company, at the Seo-gu, Seo-gu, Seo-gu, Incheon, Incheon, to borrow the said vehicle, and received KRW 5 million from D following the transfer of the said vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application for loan, register of motor vehicles, records of impossibility of delivery of motor vehicles, details of account transactions, loan transaction contract, and application of Acts and subordinate statutes of the investigative report (investigation into the suspect female-friendly Gu F);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Since the Defendant, who has been sentenced several times of imprisonment with prison labor for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime even during the period of repeated crime, the Defendant’s liability for the crime is not minor.

However, the defendant seems to have made a wrong choice by helping female-friendly implements in money, and recognized his/her mistake. Since the defendant found the vehicle during the trial and agreed with the damaged company smoothly, he/she should be sentenced to a fine such as the order in favor of the defendant.

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