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(영문) 대전지방법원 2016.05.12 2016고정152
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 December 6, 2010, the Defendant borrowed KRW 13,500,000 from Daejeon Social Co., Ltd. Daejeon-dong 1354, which was located in Seo-gu, Seo-gu, Daejeon-gu, and created a mortgage on the above vehicle under the victim’s name as a collateral for the above borrowed money.

However, in June to July, 2012, the Defendant borrowed KRW 2 million from a person whose name cannot be known at the offsite of Daejeon, from June to July, 2012, and transferred and concealed the said vehicle as a collateral, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on filing a complaint for the preparation of an EPS loan company;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is to be determined as ordered in consideration of the fact that the victim (a social loan company that has been transferred by Korea Telecommunications Co., Ltd.) was revoked of the complaint against the defendant.

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