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(영문) 대구지방법원 서부지원 2017.02.03 2016고정1051
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 28, 2013, the Defendant was punished by imprisonment with prison labor for a period of four-year indictment in the Ulsan District Court for fraud, and the “three-year imprisonment with prison labor” is a clerical error, so the Defendant is corrected to “four-year imprisonment with prison labor.”

The judgment was rendered on July 6, 2013, and the judgment became final and conclusive.

On February 9, 2010, the Defendant entered into an installment financing agreement on the condition that 9.5 million won of the loan from one victim capital (ju) be repaid for 36 months when purchasing cub vehicles from the non-displaced used cars in Daegu-gu used cars located in the Dong-gu, Daegu-gu, and even though the collateral was set up on the above vehicle, the Defendant concealed the above vehicle provided as security by transferring it to the non-resident of the name, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a written agreement of installment financing, a ledger of automobile registration, a written contract for acceptance of assets, a sale deed, and a notice of transfer of claims;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report the result of confirmation of the absence of disposition (Attachment of 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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