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(영문) 수원지방법원 안산지원 2017.11.29 2017고단2841

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 11, 2011, the Defendant: (a) purchased Bchip car from the Hyundai Capital Co., Ltd. in Ansan-si, the Defendant borrowed KRW 41,80,000 from the Defendant’s Hyundai Capital Co., Ltd. on the condition that “the loan amount of KRW 41,80,00,000; (b) the loan period of KRW 60 months; (c) monthly payment of KRW 859,607; and (d) interest rate of KRW 8.6%; and (c) granted a loan of KRW 41,80,000 for the said passenger car to secure the above loan obligation on July 18, 201, the Defendant set up a mortgage on KRW 20,90,000 for the said passenger car.

On January 2012, the Defendant, even though he did not pay the full amount of the obligation to the victim at the member's high-dong public parking lot in Ansan-si, the Defendant, at the time of Ansan-si, provided the said passenger car as a collateral of transfer and provided it to the non-name loaner with the amount of KRW 10 million and cannot be known as the location of the said car, thereby preventing the victim from exercising the mortgage.

Accordingly, the defendant concealed the defendant's car which was the object of another person's right and obstructed the victim's exercise of right to the car.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of loan contracts and Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1448, Feb. 21, 201; 201Do1448, Feb. 22, 2011>