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(영문) 서울중앙지방법원 2016.01.28 2015고정3938
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On July 3, 2015, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for fraud and on December 7, 2015, and the judgment became final and conclusive on December 7, 2015.

On July 2, 2012, the Defendant purchased 1,850,000 won of the 33-1st-1, Mapo-gu, Seoul, Mapo-dong through Mapo-dong 33-1, and received loans from 1,850,000 won of the 1,850,000 won of the 89% amount of the loans from the Mapo-do Hapo-ri vehicle purchased, and set up a collateral security right of 1,650,000 won of the 1,650,000 won of the loan amount to the 60-month Hapo-dong, and the 374,670 won of the first installment of the principal and interest each month after the 50-month 59-month Mapo-dong. The son created a collateral on July 5, 2012 with the 1,650,000 won of the credit amount for the said vehicle.

The Defendant paid only KRW 7,044,521 over 19 times in total until January 2014, and did not pay the principal and interest thereafter, and the Defendant was required to deliver the vehicle to the victim for voluntary sale as a result of the loss of interest during the period from March 24, 2014. However, from March 24, 2013 to December 12, 2013, the Defendant transferred the said vehicle as security to obtain a loan from a non-personal credit service provider at an unspecified place, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. A complaint;

1. Application of the installment financing agreement, a detailed statement of installment payments, and the original register of automobiles registration;

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 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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