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(영문) 의정부지방법원 2016.12.23 2016고단3886
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On April 19, 2014, the Defendant purchased Csch Rexton vehicles with loans of KRW 23 million from ABF Capital Co., Ltd., and decided to repay the said loans to 698,673 won each month during the period from May 25, 2014 to April 25, 2018, and around April 21, 2014, the Defendant created a mortgage on the bond value of KRW 11,50,000 on the said car.

Nevertheless, on February 2015, the Defendant borrowed 5 million won from a non-name loaner at a place in which the Defendant provided and concealed the said vehicle as collateral, without paying off 1,957,905 won in installments, at the first place in which the victim was mortgaged.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A complaint;

1. Application of Acts and subordinate statutes, such as a property inspection report, an agreement on the mislead of installment financing, motor vehicle register, and motor vehicle auction;

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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, when considering the fact that the defendant was aware that he could not transfer the instant vehicle without the victim’s consent, the criminal liability of the defendant is not minor, but considering the fact that the defendant led to the instant crime, that the defendant still has no record of criminal punishment, that the defendant partially repaid the amount of the loan to the victim company, and that the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions of sentencing, such as the following circumstances, shall be determined as ordered.

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