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(영문) 의정부지방법원 고양지원 2016.03.18 2015고단3698
권리행사방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant: (a) purchased 33-1 car in the office of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Office; (b) borrowed 19 million won from the victim company in the name of the Defendant and borrowed 19 million won for 36 months from the victim company; and (c) established a mortgage on May 31, 2013 for 1,1940,000 won as the mortgagee and the claim value for 1,1940,000 won.

Nevertheless, on June 2013, the Defendant provided the same car free of charge to a motor vehicle borrower without the consent of the victim in a motor vehicle transaction complex in the address of Incheon and below Incheon, and borrowed five million won and more.

Accordingly, the defendant concealed one motor vehicle owned by the defendant, which is the object of the victim's mortgage, and obstructed the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the original register of motor vehicle registration, agreement on the mistake of installment financing of motor vehicles, and statutes governing the protocol of impossibility of delivery of motor vehicles;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no previous conviction in the same kind, the amount of damage, and the fact that the victim does not want the punishment;

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