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(영문) 인천지방법원 2017.11.02 2016고단7197

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 18, 2013, the Defendant purchased Category B vehicles from the 3 (State) Hyundai Capital, as the doctor of Yeongdeungpo-gu Seoul Metropolitan City, and entered into a loan agreement with the said vehicle to KRW 17,500,000 on the condition that the principal and interest of each month be repaid every month for 36 months from the 36-month modern Capital. On October 21, 2013, the Defendant set up a collateral security right of KRW 17,50,000 on the said vehicle for the purpose of securing the said obligation.

Since October 18, 2013, the Defendant failed to repay the principal and interest and interest each month from around October 18, 2013. On May 23, 2016, the Defendant requested the Defendant to cooperate with the Defendant (i.e., the Defendant) who received the loan claim and the right to collateral security from the Plaintiff (i.e., the Defendant) who was taken over the said Defendant’s loan claim and the right to collateral security against the said Defendant around June 24, 2016, with a peremptory notice, to facilitate the exercise of the rights of the victim around June 24, 2016. However, the Defendant had already been able to exercise the rights based on the victim’s right to collateral security, such as name, in order to repay the Defendant’s debt while performing the sexual operation of the said vehicle with a collateral security on around October 2013.

Accordingly, the defendant concealed his own property which was the object of the right to collateral security and obstructed the exercise of the right by the victim.

Summary of Evidence

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a contract to apply to modern capital applications, notices of transfer of bonds and acceptance of entrustment, certified copy of the original register of automobile registration, and self-acquisition of bonds;

1. Relevant legal provisions for criminal facts, Article 323 of the Criminal Act for the choice of punishment, reasons [the scope of recommendation] for sentencing of imprisonment [the scope of exercise of the right] and there is no basic area (six months to one year] (the person subject to special sentencing] (the decision of sentencing] (the decision of sentencing was not agreed with the victim, the degree of damage, motive and circumstance of the crime, etc.)

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