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(영문) 창원지방법원 2020.01.22 2019고단3213
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 18, 2016, the Defendant purchased one EF car at the D Exhibition Co., Ltd. C Co., Ltd., Ltd. located in Changwon-si, Changwon-si, and entered into a loan agreement on the condition that KRW 41,188,500, which is a part of the cost of purchasing the vehicle and KRW 838,509, which is a part of the victim, should be paid monthly for 60 months. On April 21, 2016, the Defendant created a mortgage on the above car at the victim Co., Ltd., Ltd., which is 32,950,800, the claim value for the said car.

Around November 2018, the Defendant registered the said car in the name of the Defendant and owned and managed it, the Defendant borrowed KRW 7.8 million from the name-free lender to whom his personal information cannot be known at the Imaart located in H located in the Seo-gu Busan City, Seo-gu, Busan, and transferred the said car as security and had his whereabouts unknown.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of an application for installment financing, a copy of an agreement of erroneous debate, or a copy, abstract or output of the E-automobile register;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the various circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Circumstances that are disadvantageous: The circumstances that are favorable: The defendant's mistake appears to have been repented and reflected, the circumstances that may be taken into account in the course of committing the crime, and the fact that there is no previous conviction in excess of the same kind of fine or fine, etc.

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