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(영문) 창원지방법원 2015.02.11 2014고단1988

권리행사방해

Text

A defendant shall be punished by imprisonment for 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 August 11, 2010, the Defendant purchased CSS5 car and took out a loan of KRW 15,90,000 from the Korea Social Services Korea (States) ACF for the purpose of financing vehicle purchase, set up a collateral security right of KRW 15,90,000 out of the above loan, which is a collateral security right holder with respect to the above vehicle as a collateral for the above loan obligation, and repaid KRW 6,480,50 out of the above loan. The said company transferred the outstanding portion of the bond and the collateral security right pertaining thereto to the said loan to IMC lending to the victim.

On October 201, the Defendant delivered the said car to the person who was named in the name of another creditor in lieu of the provision of security or the repayment of the obligation, in order to demand the payment of KRW 10 million from the person who was named in the name of another creditor.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the victim company's right, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);