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(영문) 인천지방법원 2019.01.18 2018고단7871

권리행사방해

Text

A defendant shall be punished by imprisonment for six 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

The defendant is the nominal owner of the vehicle B, and C Co., Ltd. is the company to which the defendant and the defendant transferred all of the installment financing and loan claims and right of debate from the victim D Co., Ltd. (Gu E Co.) around March 31, 2018.

On December 4, 2013, at the G office, the victim D Co., Ltd. in Michuhol-gu Incheon Metropolitan City, the defendant purchased the 38.8 million won of the vehicle's value as 1,158,078 won per month between June 10, 2018, and agreed to repay the principal and interest of the above vehicle in equal installments, around December 9, 2013, the defendant set up a collateral security right in the future of D Co., Ltd. as to the above vehicle.

The Defendant paid a total of KRW 4,865,320,00 as an installment of 4,865,320,000, and received a request for delivery of the vehicle during the arrears of the principal amounting to KRW 36,559,853, but it is necessary to pay money. On July 2014, the Defendant transferred and concealed the said vehicle by borrowing 7,00,000,000 won from the name unrest motor vehicle in Incheon Bupyeong-gu.

Accordingly, the defendant concealed the above YYN and interfered with the victim's exercise of the right to collateral security.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Complaints of C stock companies;

1. An installment financing and an erroneous agreement, a motor vehicle registration certificate and the motor vehicle register (B);

1. Application of Acts and subordinate statutes to a contract for asset transfer and acquisition, notification of assignment of claims, content certification, and notification of loss of time limit;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of a type]: Obstruction of Exercise of Exercise of Exercise of Rights, etc. (the determination of the recommended area] basic area [the scope of the recommended area] [the scope of punishment] 6 months to 1 year [the general person] - Reduction element: The serious reflective area;

2. Whether to suspend the execution;