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(영문) 인천지방법원 2018.04.24 2018고정798
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 3, 2015, the Defendant purchased B rocketing vehicles at a shot place, loaned KRW 10 million to pay the purchase price of the vehicle from the victim Filisung Capital Co., Ltd. in order to secure the above loan obligation, and set up a mortgage on the said vehicle with the effect capital, the bond value of KRW 10 million in order to secure the above loan obligation.

On February 2, 2015, the Defendant borrowed KRW 2 million from Cub Capital D in order to raise business funds at the camping Dong-dong, Sungnam-si, Sungnam-si, and opened the above vehicle as security on May 2, 2017, and the employee of the Dongyang Asset Management Loan Co., Ltd., which received the claim from the victim Co., Ltd., Ltd., sought to execute delivery for the execution of mortgage due to the default of the loan, but failed to discover the above vehicle, thereby making it impossible to execute delivery.

Accordingly, the defendant concealed his own property which was the object of the mortgage of the victim's filial g Capital Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of motor vehicle registration, notification of transfer and takeover of bonds, and contracts for transfer of bonds;

1. Application of Acts and subordinate statutes to a report on investigation (a report on confirmation of whether a vehicle is located);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that, under the circumstance that the Defendant, at the time when he did not set up a mortgage on the instant vehicle and did not repay almost all the loans at the time, the Defendant transferred the instant vehicle to a third party, thereby making it impossible to recover most of the loans that the fixed assets management company, which acquired loans, claims, and mortgages from the damaged party.

Considering this point, considering the difficult economic circumstances of the defendant, the sentence like the disposition is inevitable.

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