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(영문) 서울중앙지방법원 2018.08.09 2018고단1474

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 17, 2013, the Defendant purchased Branchisa car in a discount book. On April 17, 2013, the Defendant: (a) at the Daejeon High-gu, Daejeon High-gu, Daejeon High-gu, the Daejeon High-gu, Daejeon High-gu, the Co., Ltd. (hereinafter referred to as the Daejeon High-gu, the Co., Ltd.) set the automobile payment of KRW 16,50,000, repayment period of KRW 36 months, interest rate of KRW 28.4% per annum, monthly repayment amount of KRW 686,070, which is set forth as KRW 686,070, which is the victim’s right to collateral security for the said passenger car; and (b) drafted a written contract for establishing the right to collateral security for the said passenger car in accordance with the said contract on April 18, 2013.

Nevertheless, around August 2013, the Defendant transferred the car to the 2,000,000 won from the person who was in the name in the old world near Gwanak-gu in Seoul Special Metropolitan City, and made it impossible to identify the location of the car.

As such, the defendant has interfered with the victim's exercise of rights by concealing the passenger car owned by the defendant, which was the object of the right of the victim Hyundai Capital Bank Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62(1) of the Act on the Suspension of Execution (the fact that there is no history of property crime and criminal records exceeding the fine, the attitude of reflecting his/her mistake, and efforts to recover damage;

(C) take into account the facts described therein.