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(영문) 부산지방법원 2016.11.28 2016고정3518
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 27, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment from the Busan District Court for embezzlement, and the judgment became final and conclusive on June 4, 2016.

On November 22, 2013, the Defendant purchased a vehicle BenzS500 on November 22, 2013, and borrowed KRW 489,418 per month from the victim's society on condition that the vehicle purchase price be repaid for 36 months, and created a mortgage on the said vehicle with the bond price of KRW 6.5 million on the 25th of the same month in order to secure the above loan.

On July 22, 2014, the Defendant borrowed KRW 5 million from the French land to C and provided the said vehicle as security and caused uncertainty of the location of the vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaints from the preparation of LelC Loan Co., Ltd. and statements on the supplement of complaints from E;

1. A criminal investigation report (specific matters concerning vehicles involved), a criminal investigation report (related to F telephone calls), and a criminal investigation report (Attachment to photographs of vehicles);

1. Application of Acts and subordinate statutes to a contract of sales and purchase of bonds, loan source data, register of motor vehicles, investigation report (attached documents to a suspect who submits a complaint representative);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the amount of fine provided for in the summary order shall be reduced by taking into account the equity in cases where the judgment is to be judged simultaneously with the judgment on

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires the corresponding punishment in light of the fact that the defendant only paid a sum of KRW 1,435,659 out of KRW 13 million in installment loans and did not recover damage, etc. However, the defendant's judgment simultaneously with the judgment that became final and conclusive.

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