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(영문) 울산지방법원 2017.02.02 2016고단2996

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant borrowed KRW 23,60,000 from the victim KB Capital Co., Ltd. under the name of the purchase price for used cars for D and used cars in Ulsan-gu, Ulsan-si, Seoul-si, Seoul-si, and transferred KRW 2,834,05 of the loan out of the loan and the repayment of KRW 2,834,055 of the loan out of the loan as security, and the demand for the delayed payment of the obligation becomes difficult due to the lack of financial situation.

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. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on the computation of the termination of a second or second second or higher agreement on debate, the Motor Vehicle Registration Register, and the middle or upper

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

1. On the ground of sentencing under Article 62(1) of the Criminal Act, when the defendant paid 40,00 installments of the vehicle, the location of the vehicle in this case has not been verified until now while the vehicle in this case was left as a security to the pawned one, and as a result, damage exceeding 2,00,00 won has been inflicted on the victim company, etc., a punishment as per the order shall be determined by taking into account the following circumstances: (a) the defendant is against himself; (b) the fact that the defendant is in contravention of his obligation