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(영문) 광주지방법원 2016.08.26 2016고단2180
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On September 27, 2013, the Defendant entered into an agreement for a loan as collateral for the B-Ad passenger car purchased in the name of the Defendant at the office of the Dol Capital Co., Ltd. (hereinafter “Seoul-dong”) one of the victims located in Seo-gu, Seo-gu, Gwangju-gu, and made a payment for 43,60,000 won and 36 months for installment payments, and 1,372,300 won on September 30, 2013, and established a mortgage on the victim company with a loan of 43,60,000 won around September 30, 2013.

On October 8, 2014, the Defendant borrowed KRW 15 million from a non-name loaner on the name of the Defendant and delivered the said car to the said lender without permission.

Accordingly, the Defendant interfered with the exercise of rights by the victim company by delivering the said passenger car, which was the object of the right to collateral security of the victim company, to another person without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Application of the respective Acts and subordinate statutes to a copy of an installment financing agreement, a motor vehicle transaction contract, and the original register of motor vehicle registration;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant was seven previous offenses (two suspended execution).

However, there are no criminal records of the same kind, and the victim seems to have recovered all the claims.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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