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(영문) 대전지방법원 홍성지원 2017.09.13 2017고단368
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On April 23, 2015, the Defendant borrowed the amount of KRW 50 million from the above damaged company as a vehicle security loan from the office of the victim enzed Capital Co., Ltd. located in 306 as Seoul, Gangnam-gu, Seoul, as the bankruptcy of Gangnam-gu, for the CMW 520D car owned by the Defendant, as the vehicle security loan, and the same year as the bond amount of KRW 25 million.

5. On January 13, 198, at the office of the injured party Shari loan company, Shari-dong, Shacheon-dong, Sacheon-do, the above injured company borrowed 12 million won from the above injured company as a vehicle security loan, and created a mortgage of 18 million won in the value of the bonds.

After that, on July 2016, the Defendant transferred the said car to E without the consent of the victims from the D Office located in Seojin-gu, Jeonjin-gu, Seoul Special Metropolitan City on July 2016, as collateral amounting to KRW 23 million, thereby hindering the victims from exercising their rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of each accusation, etc., the ledger of registration of each motor vehicle, the application for loan of a motor vehicle with effective capital, the written agreement on loan of a motor vehicle with effective capital, and the Acts and subordinate statutes of the standard contract for loan transaction;

1. Article 323 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances, and the Defendant’s age, sexual conduct, environment, and the circumstances before and after the instant crime, etc., and the sentence is determined as above.

The victim committed the crime of this case during the period of repeated crime as agreed with the victims.

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