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(영문) 전주지방법원 군산지원 2018.08.22 2017고단1417
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 16, 2016, the Defendant borrowed 29,000,000 won from the Victim B Co., Ltd. to a 60-month amount, and purchased CR6 automobiles. On the same day, on the same day, the Defendant set up a mortgage on 14,50,000 won for the above-paid loans to the victim as security for the above-paid loans.

However, in March 2017, the Defendant borrowed 5,000,000 won from the credit service provider in the name of the E-Unclaimed restaurant in front of the E-Unclaimed restaurant located in D, Jeonju-si, 2017, and made it difficult for the victim company to find the said car as a collateral.

Accordingly, the defendant concealed the defendant's car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. A complaint - A copy of a written agreement of installment financing, a copy of the resident registration list, a certificate of seal impression, a deposit status against redemption, customer contact information, the ledger of automobile registration, a scheduled notice of loss of time limit (final notice), and the application of statutes governing the decision of voluntary auction of automobiles;

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. Considering the amount of damage inflicted on the victim’s reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing of the Criminal Procedure Act is determined as follows: (a) the Defendant has no other force except for the Defendant’s punishment of a fine of two million won due to occupational embezzlement; and (b) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the sentencing conditions specified in the pleadings, such as the Defendant’s age, sexual conduct, motive

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