logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.09.26 2017고정158
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On January 21, 2014, the Defendant purchased B vehicle, and borrowed KRW 21,100,000 from the Victim's Capital Co., Ltd., Ltd., to “the new debate book” for the purpose of raising funds by setting the loan interest rate of 5.8% and the period of loan of 60 months. On or around the 23th day of the same month, the Defendant set up a right to collateral security against the said vehicle owned by the Defendant.

Since February 2014 to January 2016, the Defendant paid KRW 9,506,424 to the victim. From February 2016, the Defendant delayed payment of the said loan doctrine, and the victim notified the Defendant of the details of the claim subject to loss of benefit by giving a peremptory notice to the Defendant on March 15, 2016 and on two occasions around the same month.

Nevertheless, the Defendant failed to pay the loan from the date of delinquency to the date of payment, and the Defendant did not deliver the above vehicle, which is the object of the victim’s rights, to the victim, and obstructed the victim’s exercise of rights by providing the victim with a double security to the Seoul Fab Center, which is located in the Gu-U.S. Si,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of loan contract, motor vehicle registration ledger (A, B) and Acts and subordinate statutes;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, reflects the instant crime.

At present, the instant vehicle is sold and the secured obligation of the instant mortgage seems to have been fully repaid.

Defendant has no record of criminal punishment.

In full view of the above circumstances, the sentencing conditions, such as the defendant's age, health status, sex, family relationship, and circumstances after the crime, shall be determined as per the disposition.

arrow