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(영문) 의정부지방법원 고양지원 2016.04.08 2015고단3765
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 June 24, 2013, the Defendant obtained a loan of 34,980,000 won from the victim SP Capital Co., Ltd., and purchased one vehicle for the vehicle closure C. Around June 27, 2013, the Defendant set up a mortgage on the bond value of 34,980,000 won on the said vehicle as security for the above installment loan to the victim on June 27, 2013.

However, on October 2014, the Defendant, at the vicinity of the E’s residence located in Seocheon-si D, allowed the said E to provide a third party with and borrow money for the said vehicle upon offering it as security, and delivered the said vehicle without the consent of the victim.

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. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a petition for complaint, installment financing and misleading agreement, motor vehicle registration certificate, original register of motor vehicle registration (A and B), protocol of impossibility of delivery of motor vehicles, and contract of creation of right to collateral security for motor vehicles

1. Article 323 of the Criminal Act applicable to the crime, Article 323 of the choice of punishment, the selection of fines [the defendant's reflectivity, malicious or planned crime, the victim agreed smoothly with the victim, the victim wanting to find the Defendant's wife, and the victim did not have any specific criminal history, in particular, in consideration of the circumstances favorable to the defendant, and determined the amount of fines]

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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