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(영문) 수원지방법원 안양지원 2021.02.03 2020고단1926
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 November 12, 2014, the Defendant permitted B to obtain a loan from the victim C Co., Ltd. (hereinafter “victim”) on behalf of the Defendant on behalf of the Defendant, and the said B entered into a contract to provide a loan and mortgage with the content that the Defendant would pay KRW 1,140,348 each month to the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) at the E office of the limited company E company with limited liability as of the same day, with a loan of KRW 29,90,000,000 to the victim Co., Ltd. and the Defendant purchased the victim Co., Ltd. from the victim Co., Ltd.’s name and the Defendant with a loan of KRW 29,99,000,000 for the said car.

Then, the Defendant, around the same time, allowed the Defendant to take over the said car owned by the Defendant, which was the object of the victim company’s mortgage, and did not notify the victim company of the fact that the Defendant was driving the said car.

Accordingly, the defendant concealed the car owned by the defendant, which was the purpose of exercising the mortgage of the victim company, and obstructed the exercise of the mortgage by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of G criminal complaints;

1. Application of the CJ loan, notification of transfer of claims and acceptance of entrustment, peremptory notice to the exercise of the right to collateral security on a vehicle, and application of the certified copy of each motor vehicle registration ledger;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected in the crime, the fact that the victim company, who acquired claims, etc. from the victim company, has smoothly agreed after the prosecution, is the first offender, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

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