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(영문) 대전지방법원 천안지원 2020.01.16 2019고단1785
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 26, 2014, the Defendant purchased E vehicles in the name of the Defendant at the D business office located in Daejeon Seo-gu Daejeon, Daejeon, under the name of the Defendant, and received installment financing loans of KRW 48,400,000, and KRW 60 months due and due date for payment from the Defendant FF Co., Ltd., and established the cause of the right to collateral security on the said vehicle as the mortgagee’s right to collateral security.

The Defendant and B paid an installment up to the sixth installment after the delivery of the said vehicle, and did not pay the installment later, and concealed the location of the said vehicle by borrowing 18,000,000 won from the name-free bond business operator in the vicinity of the Busan Metropolitan City in February 2, 2015 to the name-free bond business operator in the vicinity of the Busan Metropolitan City in order to provide the said vehicle as security and deliver it.

Accordingly, the Defendant conspired with B to conceal the above vehicle owned by A, which is the object of the mortgage of the victim, and thereby interfered with the victim's exercise of rights.

Summary of Evidence

"2019 Highest 1785"

1. Defendant's legal statement;

1. The police statement concerning G;

1. An installment financing agreement;

1. The E register of automobile;

1. Application of detailed Acts and subordinate statutes on arrears;

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. Taking into account the fact that 32 million won has been recovered during the auction procedure for sentencing for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of participation in the crime, and the fact that there is no record of criminal punishment other than once of a fine, etc.

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