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(영문) 광주지방법원 2013.10.01 2013고단3486
권리행사방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 8, 2010, the Defendant purchased a vehicle number 2,750,000 won from the Social Services Korea Co., Ltd. Co., Ltd., Ltd., Ltd., which was located on 30 Es.M. 9 stories in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with a vehicle number 2,7,50,000 won as a loan for vehicle purchase, and on January 13, 2010, the Defendant set up a collateral security right of 27,50,000 won as a mortgagee with respect to the said vehicle as a security for the foregoing loan obligation.

Nevertheless, on November 1, 2010, the defendant delivered the above vehicle to the so-called "large-type vehicle without changing the name," to the "large-type vehicle without changing the name," and the above vehicle was cancelled.

Accordingly, the defendant concealed the location of the vehicle owned by the defendant, which was the object of the right of the victim AM lending company, which was acquired by the social service Korea Co., Ltd. from Alpha Fund, so that the defendant could not confirm the location of the vehicle owned by the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of installment financing and loan agreements, and the register of automobiles statutes;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouse has been that it was difficult for the defendant to exercise the mortgage by arbitrarily disposing of the vehicle which became the object of the mortgage and making the location unknown even though the defendant, at the time of purchasing the vehicle and obtaining the loan from the lending company, set a mortgage on the vehicle in order to secure the loan obligation. However, even though the initial loan amounted to KRW 27.5 million, even until now, the defendant is unable to repay the loan obligation in full, it seems that the defendant needs to be subject to strict punishment. However, the defendant himself.

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