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(영문) 청주지방법원 2017.10.26 2017고정566
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 9, 2017, the Defendant was sentenced to four years and six months of imprisonment for fraud at the Cheongju District Court, and the above judgment became final and conclusive on April 22, 2017.

Criminal facts

On April 27, 2015, the Defendant entered into a loan contract with the employee in charge of the Defendant’s shower loan, a shower Co., Ltd. in Jung-gu, Jung-gu, Incheon, to provide a passenger car owned by the Defendant as security, and on the same day, set up a mortgage of KRW 22,50,000 for the claim value of the said passenger car as the obligee.

Nevertheless, the Defendant borrowed a loan equivalent to KRW 20 million from a person who was not on his name on July 2015 with the payment of the interest on the above loan three times, and delivered the said car to the collateral, thereby interfering with the Defendant’s exercise of rights by concealing the car with the mortgage on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. Statement made by the police against C;

1. Investigation report (to hear statements by users of DNA telephone numbers);

1. Previous records of judgment: Investigation report (verification of confirmation of suspect judgment, etc.), and application of a copy of each judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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