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(영문) 인천지방법원 부천지원 2017.12.15 2017고정1125
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 4, 2013, the Defendant purchased DNA Lone Star Co., Ltd. from Noncheon-si B, and received KRW 18,00,000,00 on the condition that the Defendant would repay KRW 730,03 every month from the victim’s filial capital from April 4, 2013 to April 10, 2016.

The terms and conditions of the loan agreed not to take any voluntary measure such as transfer, lease, establishment of a pledge, etc. of this vehicle without the consent of the effective capital until the full repayment of the loan, and it was well known on April 4, 2013 that the mortgage on the vehicle should not be arbitrarily disposed of the object of the right of the victim by establishing the mortgage on the vehicle.

Nevertheless, the Defendant requested the payment of the loan and the return of the vehicle on several occasions due to the delinquency of the repayment of the loan, but refused it, and concealed the said passenger vehicle which became the object of the victim's right by arbitrarily transferring it to a third party on June 2013, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of applications for re-loan of motor vehicles and industries, register of motor vehicles, and Acts and subordinate statutes on contracts for transfer of bonds;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined in the same way as the order, taking into consideration the following: (a) the confession of the accused and the fact that there is no record of punishment for the same kind of crime;

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