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(영문) 대구지방법원 2017.08.23 2017고정1202
권리행사방해
Text

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

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

Reasons

Punishment of the crime

[criminal records] On November 6, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for embezzlement at the Daegu District Court Kimcheon Branch of the Daegu District Court for the crime of embezzlement on November 27, 2015, and the judgment became final and conclusive on November 27, 2015. On March 17, 2016, the Daegu District Court sentenced a one-year and four-year imprisonment for larceny, etc., and the judgment became final and conclusive on June 9, 2016.

[2] On July 31, 2012, the Defendant: (a) borrowed KRW 8,00,000 from the “NENE” located in Gangwon-gun, Gangwon-gu, Daegu High School; and (b) borrowed KRW 13,700,000 from the Plaintiff’s Hyundai Capital Co., Ltd. and did not repay the loan to the Defendant at a point of Daegu High School located in Daegu High School; and (c) borrowed KRW 8,000,000 from the “NENENE” located in Gangwon-gun, Gangwon-gu, Seoul High School; and (d) concealed the said car as collateral and prevented the victim from preserving the said loan; and (e) obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A complaint, examination table, application form for secondhand loan, information inside and outside the examination, notification (1j), content certification, official document of the Financial Supervisory Service, sale certificate, asset transfer and receipt of the claim, contract, copy or abstract of the B Automobile Registration Register (A), copy or abstract, copy or abstract of B Automobile Registration Register (B), document of claim transfer and receipt of payment, copy of A Driving License, copy of A Driving License Certificate, automobile registration certificate photograph, and photographic note of payment;

1. Each report on investigation;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, search of each case, and application of the text of judgment;

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

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

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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