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(영문) 창원지방법원 진주지원 2018.04.17 2017고단1038
권리행사방해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 3, 2015, the Defendant purchased a passenger car at B Co., Ltd. on July 3, 2015, and granted a loan of KRW 5.7% per annum, KRW 60 months during the loan period, and KRW 29.5 million on the condition of equal installment repayment of principal and interest, and granted a mortgage of KRW 14.75 million to the victim on the said passenger car.

On March 2016, the Defendant borrowed 5 million won in cash from the name-free bond company in Busan Metropolitan City on the security of the said car and delivered the said car to the bond company, thereby hindering the Defendant’s exercise of rights by concealing the Defendant’s car, which was the object of the victim’s mortgage.

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 the complaint, new and misleading contract, and the original register of motor vehicle registration;

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment – The confession of a crime, and there shall be no criminal records of reflectivity, non-existence of punishment, the same kind or suspended execution or more

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