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(영문) 의정부지방법원 2019.05.16 2018고정1301
권리행사방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 17, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on April 17, 2014, and the judgment became final and conclusive on April 25, 2014.

The Defendant is a person registered as the owner of Bsch Rexroth vehicles (hereinafter referred to as the “instant vehicle”).

In order to purchase one of the above vehicles around August 13, 2013, the Defendant borrowed KRW 28,800,000 from the victim C Co., Ltd. (the principal and interest of KRW 844,496 per month) and purchased the above vehicle, and created a mortgage on KRW 28,80,000 in the above vehicle C in the future of the Co., Ltd.

From November 5, 2013 to January 1, 2014, the Defendant sold the said vehicle to a person who was not aware of his name through D, with the payment of KRW 3 million from November 5, 2013, and the contract was terminated because the payment was not made from January 15, 2014.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of the examination slip, copy of application form, register of automobiles;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

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

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's recognition of each of the crimes of this case is against the defendant, and the circumstances that consider equity and the case where the judgment becomes final and conclusive simultaneously with the crime of this case: The crime of this case is not less than the nature of the crime in light of the contents and methods of the crime, and it is not possible to recover from the victim's agreement or damage until now.

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