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(영문) 대전지방법원천안지원 2020.11.17 2020고정402
권리행사방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 19, 2018, the Defendant: (a) performed a loan of KRW 73,000,000 with C Co., Ltd., a victim company in the 9th floor of Seo-gu Daejeon, Seo-gu, Daejeon, and entered into a contract for automobile installment; (b) concluded a contract for automobile installment; and (c) the victim company set a collateral mortgage of KRW 36,50,000 on the said vehicle.

Since February 2019, the Defendant was unable to pay the vehicle installments, and around that time, the Defendant concealed the said vehicle in a place where it is impossible to identify the said vehicle by carrying out a loan of KRW 15,000,000 to the bond business operator around the cargo parking lot in Pyeongtaek-si, and by transferring the said vehicle as security, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement statement of the police concerning E, the details of the receipt of the principal and interest of each time discrimination, the decision of the Daejeon District Court Branch of the Daejeon District Court for the registration of the automobile, and the application of statutes on the car nondelivery

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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 recognizes the defendant of the reason for sentencing of the provisional payment order, and the fact that the victim seems to have been executing the compulsory execution procedure against the delivery of the above vehicle, shall be considered as favorable circumstances.

However, the Defendant did not repay most of the principal of the loan borrowed from the victimized company and obstructed the exercise of rights by delivering the collateral vehicle to another person, and the Defendant also committed the instant crime despite the previous conviction and obstruction of exercise of rights once, taking into account the circumstances unfavorable to the Defendant, such as the fact that the instant crime was committed in spite of the previous conviction and obstruction of exercise of rights

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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