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(영문) 인천지방법원 부천지원 2017.05.30 2017고정406
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a worker in daily employment.

On March 6, 2013, the Defendant entered into a loan agreement for automobile purchase funds from Aju Capital Co., Ltd., a subsidiary financial company on March 6, 2013, and borrowed KRW 10,200,000, and established a mortgage on KRW 7,140,000 on the last car owned by the Defendant as the mortgagee on March 8, 2013, with the Defendant as the debtor, and the Defendant as the debtor on the credit amount of KRW 7,140,00.

Nevertheless, on April 2013, the Defendant borrowed KRW 1,500,000 to a non-exclusive credit service provider and transferred the said car, which is the object of the mortgage, to the said credit service provider as a security, thereby hindering the exercise of the right by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. An application form to be entered, a written agreement to be entered, a motor vehicle transfer certificate (for the motor vehicle dealer transaction);

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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 sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act does not seem unreasonable in light of the amount of damage inflicted by the injured party, the criminal records of the accused, etc.

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