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(영문) 전주지방법원 2016.12.01 2016고단1445
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

[criminal power] On September 21, 2012, the Defendant was sentenced to imprisonment with prison labor for four months for fraud, etc. and two years and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) at the Gwangju District Court, and the judgment on November 29, 2012 became final and conclusive.

On January 31, 2013, the Defendant was sentenced to two months of imprisonment for fraud at the Gwangju District Court, which became final and conclusive on February 8, 2013.

【Criminal Facts】

On May 3, 2011, the Defendant borrowed KRW 25 million from the “D used vehicle sales company” in the “D used vehicle sales company” located in C at the Jeonju-si, and agreed to repay the principal and interest for 48 months thereafter, and set up a collateral security right of KRW 25 million in the name of Han Capital Co., Ltd. in the car.

On November 1, 2011, the Defendant sold and distributed a 16 million won high-class car to F in F, and on June 18, 2014, Han Capital Co., Ltd. transferred the Defendant’s claim against F, Ltd. to F, Ltd.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the right to collateral security of the victim company, and obstructed the exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application for installment financing agreement, notice of assignment of claims, register of automobiles and notice of return of securities;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (in cases of attaching evidentiary materials submitted by a suspect), judgment, investigation reports (in cases where a suspect is punished for a crime), and application of statutes to report criminal investigations (in cases of a judgment, etc. attached thereto);

1. Relevant laws and Articles 323 of the Criminal Act concerning facts constituting an offense;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (limited to the crime of obstruction of a right at the time of sale and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc.

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

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