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(영문) 의정부지방법원 2018.10.12 2018고단2218
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 9, 2014, the Defendant borrowed KRW 26,70,000 from the victim Hyundai Capital Co., Ltd. while purchasing the No. BN passenger car at a non-permanent place, and made a mortgage on the victim company around April 10, 2014.

Nevertheless, from September 2014 to October 2014, the Defendant borrowed 7 million won from a credit service provider with no name at a place no longer than the same Dong-dong, and concealed the said car as a collateral so that its location can not be grasped, thereby hindering the Defendant from exercising the right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. A C statement;

1. Application of the provisions of the Acts and subordinate statutes on the register of automobiles to modern Capitals;

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. In light of the circumstances that prevent the exercise of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, considering the fact that the defendant led to confession, the fact that the defendant did not have any same criminal record, and the fact that the victim does not want the punishment of the defendant, the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as set forth in the arguments of this case.

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