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(영문) 창원지방법원 마산지원 2019.07.16 2017고단1267
권리행사방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 19, 2015, the Defendant was sentenced to four months of fraud, embezzlement, and four months of imprisonment at the Changwon District Court, and the judgment became final and conclusive on December 17, 2015.

On June 18, 2013, the Defendant: (a) purchased a D E-cubic car at the office of the K-Scubic Co., Ltd. (hereinafter “victim”) located in the window B of Changwon-si; (b) borrowed KRW 41,00,000 as the purchase price for the said car; and (c) agreed to repay KRW 1,542,573 per month for 36 months; (d) on the same day, the Defendant set up a collateral security on the said car with the creditor, the Defendant, the obligor, and the claim amount of KRW 41,00,000 for the said car.

Nevertheless, the Defendant, while paying only KRW 3,369,932 out of the principal and interest of the installment and paying the remainder in arrears, concealed the said passenger car by transferring the key of the said car to a creditor among creditors, who could not know the name of the Defendant’s G office located in the Haan-gun, Haan-gun, Haan-gun, G office was operated by the Defendant at around July 2014.

Accordingly, the defendant concealed his own property, which was the object of the victim company's rights, and obstructed the victim company's legitimate exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. He/she shall file a written complaint and a written statement with H;

1. A copy of the application for a second and second part of the register of automobiles;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (report on the results of confirmation of criminal records of a suspect), judgment, summary agreement assistance meetings of cases, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment has a number of criminal records including the criminal records sentenced three times for the defendant.

In particular, the defendant is a fraud on December 16, 201.

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