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(영문) 인천지방법원 2016.11.10 2016고단6003
권리행사방해
Text

Defendant shall be punished by a fine of 1,000,000.

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

Reasons

Punishment of the crime

On November 30, 2010, the Defendant purchased a two-party car in Gyeyang-gu, Incheon Metropolitan City, 847, and borrowed KRW 39 million from the social company 10,000,000 from the victim's Republic of Korea for the price, and entered into a mortgage contract on the said car. On December 1, 2010, the Defendant registered the said car under the name of the Defendant and provided the victim with a mortgage on the said car on the same day.

On the first quarter of 2013, the Defendant borrowed KRW 5 million from a lending business entity under the name-free loan and transferred possession of the said vehicle as security, thereby hindering the victim from exercising his rights by concealing the said vehicle which became the object of the victim's right.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. Application of an asset sales contract, a certified copy or abridged copy of the motor vehicle register, and a notice of assignment;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the defendant has agreed with the ELC Loan Co., Ltd. to whom the relevant claims were transferred by the victim; (b) the defendant has no imprisonment without prison labor or any heavier punishment power; (c) the circumstances before and after the crime; (d) the circumstances leading to the crime; and (e) the circumstances leading to the crime; and (e) the circumstances leading to the crime; and (e) other various matters

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