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(영문) 수원지방법원 여주지원 2018.02.20 2017고정407
권리행사방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 10, 2014, the Defendant borrowed KRW 732,109 per month from the Incheon Branch Office of the Incheon Nam-gu, Seoul, Inc. to purchase BMW vehicle, and set up a collateral security on the vehicle on condition that 20,000,000 won is repaid in installments for 36 months.

After loan, the Defendant demanded the return of the above vehicle from the victim company on January 2, 2015 to receive the return of the above vehicle because he/she did not repay the remainder of the loan to December 2, 2014. However, around February 2, 2015, the Defendant concealed the above vehicle, which became the object of the victim’s right by borrowing KRW 8 million from pawnpo-gun located in Gangwon-do Jong-gun, and transferring it to the security.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Notice of scheduled request for progress of a criminal case;

1. An application for loan;

1. Application of statutes on the statement protocol to C

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

1. Although an employee in charge of loaning the victim effective capital for sentencing of Article 334(1) of the Criminal Procedure Act informed the defendant that "if the loan is overdue, the vehicle should be returned", the defendant provided the above vehicle as security immediately after the overdue loan was overdue, and the defendant seems to have been aware that it is difficult to identify the location of the above vehicle in the future since the time the above vehicle was provided as security, etc. (the present vehicle's whereabouts are unknown) shall be considered disadvantageous circumstances.

Considering favorable circumstances, such as the fact that the defendant is aware of and against his/her crime, and the fact that he/she will recover damage, etc.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.

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