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(영문) 서울동부지방법원 2018.09.07 2018고정730
권리행사방해
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Incheon District Court for fraud, etc., and the judgment became final and conclusive on June 10, 2016.

On February 15, 2013, the Defendant, at D office located in Dongdaemun-gu Seoul Metropolitan Government, purchased a second class of the Esbane car, applied for a “second class loan” loan to the victim Hyundai Capital Co., Ltd. for a second class of the vehicle and received 16,500,000 won as a loan for the purchase of the vehicle, and set up a mortgage on the said vehicle in the name of the victim as security, which is 16,50,000 won for the bond value in the name of the victim.

Nevertheless, on April 2013, the Defendant borrowed KRW 4 million from credit service providers, whose name is not known at the sub-section of Mapo-gu Seoul Metropolitan Government, Mapo-gu, and provided the above vehicle as security and transferred its possession to the third party so that the vehicle can be distributed in large lanes.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the F’s criminal complaint;

1. A letter of side financial agreement to be provided, a notice of credit transfer and consignment, a certified copy or abstract of the motor vehicle registration ledger;

1. Previous convictions in judgment: Investigation report (verification of confirmation date), summary information of the case, and application of the statutes of the judgment;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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