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(영문) 인천지방법원 2015.04.29 2015고단755

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On December 5, 2012, the Defendant borrowed KRW 170,1200,00 from the Victim Hyundai Social Co., Ltd. when purchasing one of the freight vehicles in the Gyeonggi-do Fransh area, and the same month.

7. A mortgage was created on the foregoing vehicle with the mortgagee’s “Neo Social Co., Ltd.”, “A”, and “170,1200,000 won of the bond value.”

However, on September 2012, the Defendant: (a) concealed the foregoing cargo vehicles that were the objects of the rights of modern social money corporations and obstructed the exercise of rights by modern social money corporations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes on filing of complaints, construction machinery register, and application contracts for social loans;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is against the crime of this case; the above cargo vehicles are delivered to the victim for a public auction and disposition takes place; the above cargo vehicles have no particular criminal record other than once a minor fine; the family members to be supported exist; the defendant's age, character and conduct, environment, motive and circumstance of the crime; and all the other conditions of sentencing, including the circumstances after the crime, shall be determined as ordered.