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(영문) 창원지방법원 2017.09.21 2017고단2107

권리행사방해

Text

A defendant shall be punished by imprisonment for four 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

On June 3, 2013, the Defendant purchased a 91 Hyundai Motor Vehicle B at the point of the Mancheon East East Eastern Branch, and entered into an automobile installment contract with the victim Hyundai Capital Co., Ltd. on the condition that loans are KRW 17,50,000, interest rate of KRW 7.9%, period of KRW 60, bond value of KRW 12,250,000, and registered as the owner of the said vehicle under the name of the Defendant on June 4, 2013. On the same day, the Defendant registered the establishment of a collateral security right under the victim’s name with the same content as the above contract.

Nevertheless, on October 2015, the Defendant borrowed KRW 4 million from a mutual infinite lending company located in the early 2015 to secure the said car and transferred possession of the said car to make it clear the location of the vehicle, thereby obstructing the victim’s exercise of rights.

Summary of Evidence

Application of the law of the defendant's statutory statement C to the application for loan of the statement protocol by the defendant

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

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The community service order under Article 62-2 of the Criminal Act;