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(영문) 인천지방법원 부천지원 2019.01.10 2018고정725
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

[criminal power] On February 13, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a period of ten months in the Incheon District Court’s Vice-Support, and the judgment became final and conclusive on February 21, 2014.

【Criminal Facts】

On October 23, 2012, the Defendant: (a) purchased a victim-based Lone Star Co., Ltd. in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) agreed to obtain a loan of KRW 17.5 million from the victim; (c) to repay KRW 732,398 every month during the 36-month period; and (d) on October 29, 2012, the Defendant set up a mortgage on the claim value of KRW 17.5 million against the victim with respect to the foregoing vehicle on October 29, 2012.

On July 10, 2013, the Defendant: (a) borrowed 4 million won from the bond business operator E in the vicinity of Bupyeong-si and provided the said vehicle as security; and (b) the victim could not grasp the location of the said vehicle.

Accordingly, the defendant concealed the above vehicle which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. C heavy loan application form;

1. Automobile register;

1. Previous convictions in judgment: The application of criminal records, written judgments, and case inquiry statutes;

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. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good, and the vehicle concealed by the defendant appears to be being used as a so-called large vehicle, and the motive and circumstance of the crime is not agreed with the victim, damage amount, and other various sentencing conditions shown in the records and arguments, including equity in the case where the criminal was tried simultaneously with the crime recorded in the judgment, shall be determined as ordered by taking into account the following factors.

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