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(영문) 의정부지방법원 2020.02.06 2019고단3200
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 3, 2018, the Defendant borrowed KRW 26,500,000 from the victim B Co., Ltd. on the same day, and created a mortgage on the CINI car owned by the Defendant as a security for the debt on the same day.

On May 20, 2018, the Defendant borrowed KRW 8,000,00 to the needy, without verifying the personal information, provided the said car as security, and transferred the possession thereof and made it impossible to identify the location of the said car, thereby preventing the victim from exercising the said mortgage.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the supplement of complaint and statement in the preparation of D;

1. Application of the automobile delivery impossible protocol, credit transaction agreement, mortgage contract document, each content certification, and the register of automobiles Acts and subordinate statutes;

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

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was committed in order to prevent the execution of the above mortgage by providing the victim with a collateral again to the needy person whose personal information had not been identified on the part of the victim. In light of the method and form of the crime, the nature of the crime is not less complicated. Accordingly, the victim is not able to recover the principal and interest of 30 million won from the defendant, and until now, the defendant was unable to recover the damage or to agree with the victim.

However, it is advantageous to the fact that the defendant acknowledges and reflects his mistake, that it seems that the defendant would not be late even if he provides the vehicle as security, and that he would lead to the crime, that there is no penalty power, and that the health status is not good.

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