logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.12.07 2016고단3736
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant borrowed KRW 29.5 million from the Defendant’s Matz Capital Co., Ltd. to purchase the Defendant’s NAS car at the office near the NAS car at the time of the U.S., the Defendant established a mortgage on the said NAS car owned by the Defendant, which is KRW 29.5 million, and the mortgagee’s Matz Capital Co., Ltd.

In the vicinity of the above office at the same day, the defendant knew that the above mortgage can be enforced if he could not repay the above loan to the above office, and he fully aware that if he transfers the above loan to the person with no knowledge of his personal information as a collateral and borrows money, the location of the above loan will be unclear, the defendant borrowed KRW 3 million to the person with no knowledge of his personal information and transferred the above loan as a collateral.

Accordingly, the defendant concealed the above NAS car which was the object of the mortgage of the victim Matts Capital Co., Ltd. due to the claim price of 29.5 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A copy of the application for financial instruments of the motor vehicle merz capital;

1. Automobile register;

1. Application of Acts and subordinate statutes to the details of installment loans and the current status of receipt;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the reasons for sentencing selective to imprisonment;

1. From six months to one year (the basic area of obstruction, obstruction, etc. of one’s exercise of rights) of imprisonment on the sentencing criteria; and

2. The instant crime that was determined to be sentenced is intended from the time when the vehicle was purchased, and the damage amount is considerably high, and the quality of the instant crime is not somewhat weak.

The defendant has been punished ten times or more due to the past fraud, etc.

The damaged vehicle has not been recovered yet, and the damage has not been recovered.

arrow