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(영문) 대구지방법원 안동지원 2018.04.13 2017고정198
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 29, 2013, the Defendant purchased a D car at a permanent Gu resident agency in CP located in B, and entered into a loan agreement with the victim E Co., Ltd. with the principal of the loan, the loan period of KRW 23,00,000, the loan period of KRW 48 months from October 28, 2013 to November 5, 2017, the loan interest rate of KRW 7.9% per annum, and the overdue interest rate of KRW 25% per annum. On October 30, 2013, the Defendant established a mortgage on the said D car as a collateral for the above loan.

Nevertheless, on November 2013, the Defendant offered and concealed the said D-car as security by borrowing KRW 10 million from the F-based bonds company in front of the H branch office of G Bank H located in G Bank, which was permanently located in the first place of police.

In this respect, the defendant concealed the above D car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Copies of installment financing and loan agreements, copies of the vehicle registration ledger, and details of deposits;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of the date of loss of deadline);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, when purchasing a vehicle, the Defendant: (a) obtained a loan from the injured party as the price for the vehicle; and (b) granted a mortgage on the said vehicle to the bond company; and (c) transferred the said vehicle to the company, thereby hindering the victim from exercising his legitimate rights.

Until now, damage has not been recovered.

However, the Defendant recognized the instant crime and reflected his mistake.

There is no record of punishment after 2009, and there is no record of the same kind of crime.

It seems that the defendant does not use all the money borrowed from the bond company.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances and economy after the crime.

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