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(영문) 수원지방법원 2017.11.28 2017고단5402

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 31, 2013, the Defendant: (a) obtained a loan of KRW 36,900,000 from the victim Hyundai Capital Co., Ltd. for the said vehicle as collateral; and (b) agreed to repay the said loan in installments under the terms of KRW 5.9% per month repayment and KRW 711,666 for 60 during 60 months; and (c) agreed on November 5, 2013, the Defendant secured the said obligation to set up a collateral security interest of KRW 18,450,00 for the said automobile.

After November 2013, the Defendant received KRW 10,00,000 from the person who was absent from his name in the park of Incheon Metropolitan City, from the first patrolman, and delivered the said car to the person who was absent from his name, and could not secure the location of the car.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A new application form for installment, content certification, mail delivery inquiry, copy of notice of credit transfer and acceptance, copy of sales certificate, copy of contract for acceptance of assets, register of automobile registration, register of corporate employees, certificate of corporate seal impression, and certified copy of corporate registry;

1. Application of the Acts and subordinate statutes to the complaint;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)); Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes)

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;