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(영문) 서울남부지방법원 2015.09.16 2015고정1427
권리행사방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 3, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment with labor at the Seoul Southern District Court for fraud, etc. on September 12, 2014, which became final and conclusive on September 12, 2014. On May 14, 2015, the Defendant was sentenced to six months of imprisonment with labor for embezzlement and became final and conclusive on May 22, 2015.

The defendant, around August 31, 2010, borrowed 19 million won from Korea of social services provided by the victim Alphal alpha in Geumcheon-gu Seoul Metropolitan Government for the purchase of DM5 car at DM5 car around August 31, 2010 and borrowed 19 million won from Korea of social services

9.2. The said passenger car set up a right to collateral security with the victim as a mortgagee.

On January 2013, the Defendant failed to pay installments from around January 2013, and the Defendant, around June 2014, intended to recover the said car and secure the claim, provided the said car as security for transfer by borrowing 6 million won to E in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government Yangpo-dong, Yeongdeungpo-gu.

Accordingly, the defendant concealed the car with the right to collateral security established by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. A complaint;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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