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(영문) 창원지방법원 통영지원 2018.10.19 2018고단743

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2016, at the office of the Hyundai Capital Co., Ltd. located in 3 as the doctor of Yeongdeungpo-gu, Seoul Metropolitan Government. On February 29, 2016, the Defendant: (a) purchased Category B vehicles; (b) obtained a loan of KRW 16 million from Hyundai Capital Co., Ltd.; and (c) established a mortgage on the above vehicle amounting to KRW 3.2 million on February 29, 2016; and (d) thereafter, on September 11, 2017, Hyundai Capital transferred the said claim to the victim C.

Nevertheless, on March 2018, the Defendant offered the above vehicle as security in the Seoul-do Seoul-Eup, Seoul Special Metropolitan City (Seoul Special Metropolitan City), thereby interfering with the exercise of the mortgage by concealing the above vehicle owned by the Defendant, which is the object of the mortgage of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed by the police of D;

1. Application of accusation forms, contracts for acquisition of assets, notices of transfer of claims, verification of details, automobile registration ledger, bond account statements, and Acts and subordinate statutes;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the defendant does not want the punishment of the defendant by mutual consent with the victim; and (b) the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (c) other circumstances constituting the conditions for sentencing as shown in the pleadings of the case, such as the circumstances after the crime, etc