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(영문) 수원지방법원 여주지원 2018.05.25 2018고정35
권리행사방해
Text

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

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

Reasons

Punishment of the crime

[criminal records] On July 14, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Suwon Giwon, and the judgment became final and conclusive on October 20, 2016.

[2] On July 8, 2015, the Defendant borrowed KRW 14.5 million from the Defendant’s Hyundai Capital Co., Ltd. to purchase BNS CF car (hereinafter “instant car”). On July 9, 2015, the Defendant set up a right to collateral security of KRW 10.150,000 for the instant car.

After January 2016, the Defendant borrowed KRW 3 million from a person who was in an influence of his name in the mutual influence hall located in the Gangwon-do fleet, and concealed the instant car by delivering it.

Accordingly, the defendant interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, a middle and high-class debate contract, and the register of motor vehicles;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of latter concurrent crimes in Article 37), and copy of the judgment;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

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

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