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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On June 20, 2018, the Defendant was sentenced to four months of imprisonment with prison labor at the Incheon District Court for the crime of interference with business, and on July 26, 2018, the same court sentenced four months of imprisonment with prison labor for the crime of interference with business, etc., and each appeal was reversed at the appellate court on September 5, 2018 and sentenced to eight months of imprisonment with prison labor. The above appellate court judgment became final and conclusive on September 20, 2018.
【Criminal Facts】
On May 20, 2017, the Defendant purchased 13,600,000 won from C office located in Dong-gu Incheon Metropolitan City, and entered into a installment financing contract with the victim D to pay 13,60,000 won at a annual interest rate of 17.9%, and entered into an agreement with the obligee not to take any voluntary measure, such as transfer, lease, pledge, etc., of the vehicle that is the object of security, without the obligee’s consent, until all monetary obligations under the installment financing agreement are performed, and established a mortgage on the said vehicle to D with the mortgagee.
Nevertheless, on November 22, 2017, the Defendant borrowed money from E in the French-dong, Jeju Special Metropolitan City, Jeju Special Metropolitan City on November 22, 2017 without repaying the principal and interest of the said loan from around October 2017, and delivered the said vehicle as a collateral, and the location of the said vehicle cannot be known.
Accordingly, the Defendant concealed FenzC230 vehicles owned by the Defendant, which was the object of the victim’s mortgage, and obstructed the victim’s exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint;
1. Each investigation report (G telephone statement hearing and hearing E phone statement);
1. Previouss before judgment: Application of criminal records, inquiry reports, and criminal investigation reports (the latter part of Article 37 and the confirmation of criminal records)-related Acts and subordinate statutes;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant is guilty of sentencing of Article 334(1) of the Criminal Procedure Act.