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(영문) 의정부지방법원 2018.12.20 2018고정1533
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 8, 2016, the Defendant provided one of the above vehicles owned by the Defendant as collateral and set up a mortgage of KRW 8,470,000 on the same day by providing one of the above vehicles owned by the Defendant with a loan of KRW 20,000,000 to the business employees of the victim company C in front of the victim company C in Nam-si, Namyang-si.

The Defendant paid the amount equivalent to KRW 9,398,392 in total, up to December 2017, the 19th installment of the loan principal and interest of KRW 519,251 per month by the means of equal installment repayment of principal and interest pursuant to the loan agreement. However, until December 2017, the Defendant paid the amount equivalent to KRW 9,398,392, and paid the remainder.

On November 27, 2017, the Defendant: (a) sold the purchase price to E employees of the used cars trading center in a mutual name and received any notification or approval without returning the vehicle to the victim company; and (b) obstructed the victim’s exercise of rights by selling the purchase price at KRW 2.6 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint and a statement of the F;

1. Application of Acts and subordinate statutes to a copy of an application for Oral Work, BNK Oral Work Agreements, Inquiry into Claim Receipt Details, A's Certified Copy of the Motor Vehicle Registration Register (G auction) and a copy of the decision (G auction order)

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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