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(영문) 의정부지방법원 2013.12.09 2013고단3589

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On July 11, 2012, the Defendant purchased 28,200,000 won from the victim Hyundai Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) to cover the purchase price for the said van, and created a mortgage on the said Gohap Co., Ltd. on the 19th of the same month on the 19th of the same month.

Since the Defendant appears to be a clearly clerical error in 2012, the Defendant changed “2010.0” to “2012.”, despite having failed to repay an amount equivalent to KRW 26,385,359 out of the above loans owed to the victim company, the Defendant borrowed KRW 5 million from an unsatisfy borrower in C office located in the Gyeonggi-gu, and offered the said satisfy as security by borrowing KRW 5 million from the unsatisfy borrower, and transferred the said satisfy to the victim company, thereby preventing the victim company from exercising the mortgage right thereon.

As such, the Defendant, who was the object of the mortgage of the victim company, concealed the passenger car owned by the Defendant, thereby hindering the exercise of mortgage by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to an application for automobile installment and a statement of loan claim;

1. Article 323 of the Criminal Act applicable to the crime;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the defendant is the time of committing a crime, the defendant has no criminal record other than the one-time fine, and there is no criminal record other than the other-time fine, the benefits from the crime of this case, and the circumstances of