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(영문) 수원지방법원 2016.08.23 2016고단3321
권리행사방해등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On May 18, 2016, the Defendant was sentenced to 10 months of imprisonment for fraud at the method of flooding, and the above judgment became final and conclusive on May 27, 2016.

1. On December 10, 2013, the Defendant: (a) purchased a vehicle of KRW 7.2 million to the damaged person (ju), KB Capital of the former Hamb; (b) obtained a loan from the damaged person; and (c) paid out in installments for 36 months.

However, the Defendant did not have any particular income at the time, and the Defendant borrowed 60 million won from 10 other victims before the loan, and was unable to pay the price, and there was no intention or ability to pay the price even if the loan was granted.

As above, the defendant deceivings the victim company, and he obtained a loan of KRW 7.2 million from the victim company and acquired it by fraud.

2. On December 10, 2013, the Defendant: (a) purchased a vehicle of the secondhand car (PoterⅡ) in the Jungnam-dong in Ansan-gu, Seosan-si; (b) obtained a loan of KRW 7,200,000 from the damaged person (ju), KB Capital in the Gu; and (c) created a mortgage on the said Poter’s vehicle with the intent to secure the said loan.

Nevertheless, on January 2014, the Defendant concealed the above vehicle in the name of the Defendant, which became the object of the victim’s right, from a non-disceptic location, in the name of the victim, and interfered with the victim’s exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (attaching the text of the judgment);

1. Previous convictions: Application of a written inquiry about criminal history and a written investigation report (Attachment to latter concurrent crimes in Article 37) and statutes;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment with prison labor) on criminal facts, and Article 323 of the Criminal Act (the point of obstructing the exercise of rights and the choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.

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