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(영문) 대구지방법원 2020.01.22 2019고정479
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 25, 2017, the Defendant borrowed funds from C Co., Ltd. to purchase C Co., Ltd. a car in C Co., Ltd.;

7. On 26. 26. A mortgage was created on the said car as “mortgage value 11,750,000, C by mortgagee C, and Defendant”

On May 1, 2018, the Defendant, who delayed the repayment of the loan, rendered a decision of a car rental auction on the said car. However, around that time, the Defendant concealed the said car in a situation where the car was in progress.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the mid- and long-term agreement of debate, automobile mortgage contract, guidance scheduled for loss of term benefit, certificate of debt balance, decision of the Daegu District Court, protocol of non-delivery of automobiles and register of automobiles Acts and subordinate statutes;

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

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

1. A fine shall be reduced in consideration of the fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, after notification of the summary order, has fulfilled the agreed matters in criminal conciliation. It is so decided as per Disposition on the grounds above.

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