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(영문) 서울중앙지방법원 2015.04.08 2015고단944
권리행사방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On July 5, 2012, at the office of the Korea Social Services Co., Ltd., Ltd., which was 30,000 won in addition digital2 in Geumcheon-gu Seoul, Geumcheon-gu, Seoul and 16 million won in the market price, and registered in its own name after purchasing the Bamo vehicle in its name. In relation to the purchase price, the Defendant entered into a loan agreement with the victim company on the Bamo vehicle purchase fund and promised to pay the installments over 36 months, and set up a mortgage over the above vehicle in the name of the victim company with the maximum debt amount of 16 million won in the above vehicle.

Nevertheless, the Defendant paid KRW 732,931 on August 17, 2012 and KRW 627,726 on October 10 of the same year, and delivered the said vehicle to C as collateral on October 2012 without paying the remainder of the installment.

Accordingly, the defendant concealed the location of the above vehicle of the defendant, which was the object of the victim company's right, so that the defendant could not identify the location of the above vehicle, and obstructed

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Application of a loan agreement on used cars purchase fund, and the certificate of automobile transfer;

1. Article 323 of the Criminal Act applicable to the crime;

1. Selection of a selective fine (to take into account the following factors: the amount of damage, the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are all considered: the defendant has no previous conviction and has no criminal records exceeding the fine);

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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