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(영문) 전주지방법원 2015.06.03 2015고정189
권리행사방해
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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 24, 2013, the Defendant: (a) purchased D SP vehicles from C Motor Vehicle Sales Stores located in Seojin-gu, Seoul on April 24, 2013; (b) borrowed 12.2 million won from the victim AF Capital Co., Ltd.; and (c) borrowed from the victim AF capital Co., Ltd.;

4. 29. As a security for the above loans to the above vehicles under the name of the defendant, a mortgage was created over the victim with respect to the above vehicles with the mortgagee's amount of KRW 6.1 million.

The Defendant repaid the principal and interest of KRW 1,511,351 in total six times from June 2, 2013 to December 2, 2013 of the same year, but failed to later pay the principal and interest. On November 201, 2013, the Defendant borrowed KRW 3.6 million from a person who was absent from his/her name, and offered the said ice vehicle as security, and without the victim’s consent, arbitrarily transferred the ice to the person who was absent from his/her name.

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. The police statement concerning G;

1. Application of a written application to the issuer of a deposit, a written agreement to the issuer of the deposit, the details of receipt of the principal and interest of each time discrimination, and the registration certificate and the register of automobiles statutes;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

2. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant committed the instant crime and reflects his mistake; the defendant appears to be bound to repay the installment debt that the defendant bears when purchasing the instant vehicle in his name; and there is no record of criminal punishment against the defendant, and there is no significant amount of damage inflicted by the instant crime and the circumstances favorable to the defendant.

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