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(영문) 인천지방법원 2015.11.18 2015고단5370
권리행사방해
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On April 16, 2012, the Defendant purchased B dump truck from the office located in the office of the office of the HaK Savings Bank of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, with a loan of KRW 50 million from the victim to the vehicle purchase fund, and completed the registration of the establishment of a collateral security with a mortgagee and the bond value of KRW 50 million on the same day on the same day.

Nevertheless, in around 2014, the Defendant sold a vehicle parked in a place where 5 million won was parked from a person who was not injured in his name in the vicinity of the Namdong-gu Incheon Metropolitan City, and thereby interfered with the exercise of the right by concealing the goods that became the object of the victim's right.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. Although dump trucks set up by the Defendant as security by selling them to a third party and obstructing the exercise of the victim’s security right, they are not subject to punishment, taking into account the fact that the Defendant recognized the crime and reflects the Defendant, and that the Defendant has no same record and has only been punished, a fine like the order shall be imposed.

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