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(영문) 전주지방법원 2018.02.22 2017고정855
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

Around June 3, 2015, the Defendant purchased a Dasan-based car at the office called “C,” which is a partner company of the victim’s main body capital Co., Ltd. located in the Seoul metropolitan area B, and established a right to collateral security in the name of the victim on the said vehicle to secure the said loan by obtaining a loan of KRW 17 million from the damaged party on the condition that the Defendant would repay the 19.9% first installment of this rate and KRW 738,275 won on an equal basis on the 15th day of each month between 36 months and 39.15 won on the basis of repayment of principal and interest.

However, on August 2015, the Defendant: (a) delivered the said vehicle as security for loans of KRW 4 million to an influent bond business entity via “E” on a one-time basis; and (b) made the said vehicle missing.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Act

However, there are some favorable circumstances such as the fact that the defendant repaid the amount of eight-month installment principle, the fact that the defendant misleads and reflects the defendant, and that the defendant has no particular criminal record, in addition to the second fine due to the crime of double-year crimes, and the sentencing conditions such as the defendant's age, sex behavior, family relationship, health status, etc. are all the conditions of punishment.

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