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(영문) 청주지방법원 2020.10.14 2020고정609
권리행사방해
Text

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 January 31, 2017, the Defendant borrowed KRW 45,736,360 from the victim's "E" corporation as a fund for purchasing a car in the name of "CMxury Exhibition" in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and set up a collateral security interest of KRW 36,589,08, which is the victim company as a collateral on the said car.

In collusion with D, on January 2019, the Defendant concealed D’s vehicle, which was the object of the victim’s right, in collusion with D, from D’s house located in Cheongju-si G, to receive money from credit service providers, and to deliver the said vehicle to the security, and by making it unclear the location of the said vehicle, which was the object of the victim’s right.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation and attached documents of E (Evidence Nos. 5 through 15);

1. Relevant Article 323 of the Criminal Act and Articles 323 and 30 of the Criminal Act concerning the selection of penalties;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., even if comprehensive consideration of the circumstances before and after the crime is given, it does not seem that the punishment of a summary order is too heavy. Thus, the punishment shall be determined as same as the summary order.

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