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(영문) 수원지방법원 2018.02.19 2017고정2768
권리행사방해
Text

Defendant shall be punished by a fine of three 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 August 30, 2016, the Defendant: (a) lent KRW 18,90,00 on condition that he/she paid KRW 604,740,00 each month for 48 months through E from the Korea Exchange Savings Bank (hereinafter “victim Company”) through employees in the name of the above D’s office, which is an intermediary of the Ministry of Finance and Economy C 202, Dong-gu, Bupyeong-gu, Incheon Metropolitan City, 1306; and (b) granted a loan of KRW 18,90,000 on condition that he/she paid KRW 604,740 each month for the purchase of a passenger car; and (c) granted a mortgage on the passenger car with the bond value of KRW 18,90,00 and KRW 18,90 on

On August 30, 2016, the Defendant borrowed KRW 2,500,000 from his name-free bond business operator in front of the village market in Songpa-gu Seoul, Songpa-gu, Seoul, and made it impossible to identify the location of the Plaintiff as collateral for the car.

Accordingly, the Defendant interfered with the exercise of rights by the victim by concealing the free-to-land owned by the victim, which is the object of the mortgage of the victim company as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the accusation and accompanying documents (a loan agreement, motor vehicle registration ledger, loan ledger, loan ledger), F statements, and management details;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of punishment: Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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