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(영문) 인천지방법원 2018.05.11 2018고정826
권리행사방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 11, 2013, the Defendant borrowed KRW 27,400,000 as the price for the vehicle in collusion with the “D head” and the “FN Si vehicle” in collusion with the Defendant at the point of Gangseo-gu Co., Ltd. located in Seoul, Seoul around October 1, 2013, to make monthly payments for 48 months at a rate of 20.4% per annum, and set up a right to collateral security in the name of the victim company on the said vehicle.

However, the facts are as follows: the Defendant purchased a car at the price of five million won in return for the payment of the 5 million won in the name of the head of the D, and was made to the "department" in the name of the head of the D, and there was no intention or ability to pay the above installment.

The Defendant was given a loan of KRW 27,400,00 from the victim E Co., Ltd. as collateral loans.

Accordingly, the Defendant, in collusion with the “D chief”, acquired 27,400,000 won from the damaged person.

2. The Defendant, at the same time and place as indicated in the above paragraph 1, set up a right to collateral security with the victim’s maximum amount of KRW 27,400,000 for the said car as the obligee and the Defendant’s obligor as the obligor.

Nevertheless, the Defendant: (a) delivered the said vehicle to “D chief” in the name of the Defendant, and concealed the said vehicle’s location from being unknown; and (b) obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the provisions of Acts and subordinate statutes governing the filing of a complaint, a supplementary statement to file a complaint, a statement of loan review, an application for E-China loan, a suspect's certificate of seal imprint, the register of automobile registration, and the

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 323 of the Criminal Act, and the choice of fines for the crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes (the penalty provided for more severe fraud).

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