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(영문) 대전지방법원 2018.02.01 2017고정1389
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 7, 2017, the Defendant was sentenced to imprisonment with prison labor for ten months for fraud, etc. in the Seosan Branch of the Daejeon District Court, and that judgment became final and conclusive on November 30, 2017.

On May 31, 2014, the Defendant purchased (State) 28 roads, Dobong-ro, Gangnam-gu, Seoul, and borrowed KRW 9 million from 100,000 from 30,000,000 from 30,000 won from 30,000,000,000 won, and on June 2, 2014, established a collateral security right as to the said vehicle in the name of the victim.

Nevertheless, around the end of 2014, the Defendant borrowed KRW 3 million from a person who was unaware of his name in the vicinity of the Seoul Western Islands in Gangwon-do, and delivered the said vehicle as security, thereby making it difficult for the victim to find out the location of the said vehicle.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement which is a complaint filed by D;

1. Written opinions and written complaint;

1. A written application for a loan from modern capital, an automobile registration certificate, and the original register of each automobile;

1. Each investigation report and report on the results of investigation;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. When the defendant alleged that he/she would be exempted from paying the loan if he/she is under circumstances, he/she would not have any intention to obstruct the exercise of rights by the victim.

2. According to each evidence duly admitted and examined, the Defendant purchased a sprink vehicle on May 31, 2014, and borrowed the purchase price of KRW 9 million from the injured party to the vehicle as security, and mortgaged the victim’s name on the said vehicle.

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