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(영문) 인천지방법원 2016.07.14 2016고단3006
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was granted a loan of KRW 632,129,000,000 per month from the victim JB Capital Co., Ltd. for the 60-month period under the name of the purchase fund for BM5 vehicle volume, and provided the above SM5 vehicle owned by the Defendant as security and set up a collateral security right of KRW 27,00,000,000,000,000 to the maximum amount of the bonds owned by the Defendant as the mortgagee around February 14, 2013.

Nevertheless, the Defendant paid the above principal and interest for 28 months until June 2015, and received five million won to the non-regular credit service provider on July 2015 and transferred the same amount to the non-regular credit service provider and concealed it, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to an application for installment financing and a protocol of impossibility of delivery of automobiles;

1. The punishment shall be determined in consideration of the relevant Article of the Criminal Act, Article 323 of the Criminal Act, the choice of a fine (the punishment shall be determined in consideration of the fact that the accused has no record of punishment exceeding the fine, the return of the vehicle has been made, the agreement with the victim, etc.

1. Articles 70 and 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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