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(영문) 수원지방법원 안산지원 2015.07.16 2015고단118

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Around January 13, 2014, the Defendant purchased a 30 Federation of Small and Medium Business, a bank in Yeongdeungpo-gu Seoul Metropolitan Government, with a 30 Federation of Small and Medium Business, entered into a loan agreement with the victim under the condition that the victim will pay the above amount to the victim in equal installments of principal and interest during the 60-month period from the victim’s loan of 64 million won for 60-year interest rate of 7.33%, and from January 13, 2014 to January 12, 2019. On January 20, 2014, the Defendant established a collateral security on the said car amount as a collateral security interest on the said car amount.

Although the Defendant was unable to repay the loan no longer until June 21, 2014, and the Defendant returned the said vehicle to the victim as the ground for loss of interest within the period on August 11, 2014, the Defendant transferred the said vehicle to D during January 2014, and said that the victim was in charge of the said vehicle with hiding this fact.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E and D;

1. Application of the respective Acts and subordinate statutes in the petition of complaint, notification of termination of a loan contract, and written loan agreement;

1. Relevant statutory provisions on criminal facts, Article 323 of the Criminal Act, and Article 323 of the Criminal Act, and Article 1 type 1 (Obstruction of Exercise of Rights): The range of recommending punishment for sentencing of imprisonment: The installment was not paid at all after the payment of six months to one year and four installments from imprisonment. Considering the circumstances that the damaged victim still did not return the vehicle or recover from damage, the sentence is imposed, but the defendant does not seem to have concealed the instant vehicle in bad faith, and the defendant shows an attitude against the instant crime and is able to recover damage while submitting a concrete draft repayment plan.