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(영문) 서울중앙지방법원 2017.07.21 2017고정1727
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

On December 2, 2010, the Defendant purchased B B B Ba, in the name of the Defendant, and agreed to pay 15 million won in the amount of installments to the Plaintiff, one of the Co., Ltd., and agreed to pay 616,400 won per month for 36 months. On the same day, the Defendant created a mortgage on the cause of 15 million won in the name of the victim with respect to the said motor vehicle.

Although the Defendant did not pay the installment in full at that time, the Defendant offered the said vehicle as security by borrowing KRW 4 million from the lender, and delivered the said vehicle as well as the location of the said vehicle.

Accordingly, the defendant concealed the motor vehicle which was the object of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to an installment financial agreement to be made, a written agreement on acquisition of assets, a notice of credit transfer, each vehicle registration ledger, deposit statement, a written request for return of securities, and a written inquiry about vehicle facts;

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 is the primary offense by the Defendant, and the health and economic environment are not good, even though it is recognized, the damage has not been recovered. In full view of the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all the conditions for sentencing indicated in the record and the theory of change, including circumstances after the crime, the amount of the fine prescribed in the summary order of this case is excessive.

subsection (b) of this section.

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