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(영문) 수원지방법원 성남지원 2018.01.09 2017고정505
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

[criminal history] On December 1, 2016, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive on August 31, 2017.

[2] On April 8, 2013, the Defendant: (a) purchased one unit of a sports car in D, which is located in Seongbuk-gu, the Sinnam-si; (b) entered into a contract with the victim Aju Capital Co., Ltd. to obtain a loan of KRW 22.3 million as security; and (c) set up a mortgage on the said car.

Nevertheless, on October 28, 2014, the Defendant borrowed KRW 6 million from the bond company as collateral at a closed place, but failed to pay the borrowed money, and delivered the said car at will to the bond company around August 2015, thereby hindering the exercise of the rights by the victim company by concealing the car owned by the Defendant, which was the object of the mortgage of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A written application and agreement to be discussed;

1. Statement of impossibility of delivering each motor vehicle;

1. Original Register of Automobile Registration;

1. Previous convictions in judgment: A reply to inquiry, such as criminal career data, reporting on the results of confirmation of the previous convictions in disposition, and application of each statute;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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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