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(영문) 인천지방법원 2020.05.13 2019고단8554
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On October 2, 2018, the Defendant borrowed 34,000,000 won through employees in the name of the victim(s)B from the non-member of the victim(s) in the French land below Incheon. On the same day, the Defendant set up a right to collateral security against the car owned by the Defendant and set up a bond amount of 34,00,000 won and a right to collateral security against the said car as the mortgagee(s).

Nevertheless, by April 1, 2019, the Defendant paid only KRW 3,327,742 out of the principal of the above loan, and instead repaid the remainder of the loan, but received a loan of KRW 8 million from the D company at a closed place of not more than Incheon on April 1, 2019, and provided the said vehicle as a security for transfer and transferred the possession of the said vehicle so that the location of the said vehicle could not be discovered.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E (victim's agent);

1. A credit transaction agreement, a loan product description, a motor vehicle registration certificate, or a mortgage contract;

1. Application of Acts and subordinate statutes to a report on investigation (verification of location of mortgaged vehicles);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have any record of criminal punishment heavier than suspended sentence, and the defendant mistakenly recognized the defendant as committing the instant crime, resulting in the recovery of damage by withdrawing and selling the mortgaged vehicle, and the defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions shown in the pleadings of the instant case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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