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(영문) 수원지방법원 안산지원 2018.07.09 2018고단797
권리행사방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 9, 2012, the Defendant: (a) borrowed KRW 24,700,000 from the victim Hyundai Capital Co., Ltd. to pay KRW 1,007,058 per month in the form of equal principal and interest repayment for 36 months from that time; (b) on the same day, the Defendant set up a collateral security right of KRW 24,70,000 in the value of the claim against the victim as the right holder of the right to collateral security on the same day.

After that, around November 16, 2012, the Defendant provided 7 million won from D at the French coffee shop located in Seocho-gu Seoul Metropolitan Government Yang Jae-dong as collateral, and concealed it so that the location of the Defendant’s vehicle, which was the object of the victim’s right, could not be grasped, and obstructed the victim’s exercise of right.

Summary of Evidence

1. The defendant's statement at the fourth public trial date in court;

1. Statement made by the police for E;

1. An application for the loan of modern capital;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant paid the principle of loan to the victim from the crime to June 2013; and (b) endeavored to recover damage; and (c) the Defendant was subject to a disposition of suspending indictment once for a violation of the Music Industry Promotion Act on one occasion, taking into account the fact that there is no other criminal records into account the circumstances favorable to

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