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(영문) 서울북부지방법원 2019.01.09 2018고단4341

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On January 9, 2013, the Defendant borrowed KRW 10 million from the victim B, interest rate of KRW 39% per annum, and 36 months on equal terms. On the same day, the Defendant, as security, established a mortgage on the debt value of KRW 13 million for the passenger car owned by the Defendant.

Nevertheless, on December 2015, the Defendant received a loan from a lending company of "D" located in the branch of Seongbuk-do, Seongbuk-gu, Sungnam-do, and made it difficult for the Defendant to exercise the mortgage by making the location of the loan known after obtaining the loan for the purpose of security.

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 of the police statement of E;

1. Cash loan contract;

1. Application of a certified copy of the register of automobiles

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The sentence shall be determined like the order, in consideration of all the matters prescribed in Article 51 of the Criminal Act, such as the fact that the reason for sentencing under Article 62(1) of the Criminal Act was not recovered, the fact that the defendant is against the defendant, and the first offender.