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(영문) 서울중앙지방법원 2019.06.13 2019고단620

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 3, 2017, the Defendant purchased a coos car at a used car store located in Seo-gu Incheon, Seo-gu, Incheon, and entered into a loan agreement on the condition that the principal of the loan shall be 30,000,000,000 won per annum, 21.9% per annum, and the principal and interest of the loan shall be repaid in equal installments for 36 months, and around June 9, 2017, the Defendant set up a mortgage on the said car as the damaged company and the amount of the bond shall be 15,00,000 won.

After that, on June 17, 2017, the Defendant borrowed KRW 6,000,000 from E at a non-permanent place, offered the said car as security, and delivered it to E, making it considerably difficult to grasp the location of the said car.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the right of the damaged company, and obstructed the exercise of the right of the damaged company

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed and accompanying documents (a loan agreement, etc.);

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The defendant is led to confession and is against himself.

The amount of damage is not significant.

Unfavorable Conditions: Unagreement;