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(영문) 부산지방법원 서부지원 2018.01.11 2017고정230
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

On August 13, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Busan District Court on the same day.

On August 6, 2013, the Defendant purchased a B K5 car at a place where it is impossible to identify the place, and agreed to receive 2,28 million won from the victim's Hyundai Capital to pay the price, and to repay it equally over 60 months. On August 7, 2013, the victim company set up a mortgage on the said K5 car as security of the above loan at KRW 1,5960,000.

Around September 2013, the Defendant offered the said K5 car as security to obtain a loan from a person whose name is unknown in the vicinity of the Busan metropolitan area, Gun.

Accordingly, the defendant concealed the location of the above K5 car, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, application form for the Modern Capital, and the register 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 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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