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(영문) 의정부지방법원 2017.11.28 2017고정1262
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

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

Reasons

Punishment of the crime

On November 2012, the Defendant purchased Datland Co., Ltd. at the World Motor Co., Ltd.’s World Motor Co., Ltd., which is located in Pyeongtaek-gun B, and agreed to receive loans of KRW 24 million from the victim Hyundai Capital Co., Ltd. to repay the principal and interest for 60 months.

On December 14, 2012, the Defendant created a mortgage on the amount of KRW 24 million in the name of the victim on the above vans in the name of the victim, but in the middle of the same month, he was given a loan of KRW 10 million from E, who is a bond company, in the department store, from one E, who is a bond company, in the middle of the same month. In other words, he was handed over the above vans as security and the location of the vans was unknown.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A copy of the written application for capital vehicle; and

1. A copy of the notice of transfer of claims and acceptance of entrustment, and a copy thereof;

1. Application of Acts and subordinate statutes to copies of the Motor Vehicle Registration Register;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has taken the attitude to mislead himself/herself and reflect his/her wrongness, and is dissatisfied with the reduction of the fine for summary order (20 million won) on the grounds of difficult family circumstances.

However, in light of the fact that the Defendant, while borrowing KRW 10 million from the credit service provider, provided the instant vehicle as collateral, distributed the instant vehicle to the so-called “large-sized vehicle” and that there is a high possibility of causing various social harm, the Defendant is more liable for the crime.

The location of the instant vehicle has not been discovered so far, and the damage has not been recovered.

In addition, the defendant's age, sex, environment, circumstances before and after the crime, attitude in court, balance of general punishment in the same and similar cases, etc.

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