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(영문) 서울중앙지방법원 2015.12.18 2015고단6917
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on October 23, 2015.

On March 7, 2011, the Defendant borrowed KRW 2,650,000 from Dowon Faf Co., Ltd., Ltd., Ltd., 108-9 Gangnam-gu Seoul, Gangnam-gu, 108-9, Dong B119, and purchased BMW525i car, and at the 8th day of the same month, established a mortgage on the above car as a mortgagee, and the claim amount is KRW 26,50,000,000.

Nevertheless, in a situation where the Defendant was unable to repay the above loans to the social company of our Republic of Korea, the location of the Defendant was unknown by borrowing KRW 3.5 million from the Defendant C, a subsequent jury of the Defendant, from October to November, 2013, and transferring the said car as security.

Accordingly, the defendant concealed the car owned by the defendant, which was the object of the mortgage of the social company established by Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A complaint;

1. Application of the Written Agreement of Small and Medium Operation, and the register of automobiles statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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