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(영문) 수원지방법원 평택지원 2015.04.03 2015고단211

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 October 15, 2012, the Defendant purchased an automatic trading complex located in Pyeongtaek-si B, EXE sports (C), and borrowed KRW 25.9% per annum from Aju Capital Co., Ltd. and KRW 13 million per month on the terms and conditions of payment of KRW 523,080 per month during the 36-month period. On October 17, 2012, the Defendant set up a mortgage on the said vehicle to the victim.

Nevertheless, the Defendant paid KRW 525,254 corresponding to the principal and interest per minute, and did not pay the remainder with the principal and interest, provided the bondholder as a security for the obligation of KRW 5 million, and obstructed the Defendant’s exercise of rights by concealing the said vehicle, which is the object of mortgage, by unilaterally demanding contact with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (Submission of reference materials by complainants);

1. Article 323 of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and the absence of any record of punishment exceeding a fine);

1. Social service order under Article 62-2 of the Criminal Act;