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(영문) 부산지방법원 2018.06.27 2018고정602
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 7, 2015, the Defendant purchased BM7 car at a used vehicle sale business place located in Busan, and applied for a loan agreement with an employee in charge of the victim FF Capital Co., Ltd. for a loan of KRW 7,400,000 per annum 361,973 per month for a period of 24 months, and the said victim company (transfer of bonds to the East Property Management Loan Co., Ltd. on February 20, 2017) paid KRW 7,400,000 for the purchase of the vehicle on the same day, and established a right to collateral security of KRW 3,70,000 for the above vehicle on April 8, 2015.

Nevertheless, on September 2015, the Defendant: (a) borrowed KRW 1 million from a mutual influorial loan company located in the Busan-dong, Busan-dong; (b) provided the said vehicle to the name influor voluntarily; and (c) subsequently, concealed the said vehicle by making it impossible for the victim company to know the location of the vehicle for the exercise of mortgage rights.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to filing a complaint for a loan for the management of assets and accompanying documents;

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order does not include the amount of damage caused by the criminal act of the accused, and the amount of the fine determined by the summary order is reasonable.

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