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(영문) 서울중앙지방법원 2015.11.26 2014고단5533

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On April 5, 2013, the Defendant purchased Esch RexrothS460 car at the Gangnam-gu Social Co., Ltd. (hereinafter referred to as the "victim's Republic of Korea"), Gangnam-gu, Seoul, for 40 million won, and decided to pay the vehicle price for 36 months in 1,643,757 won per month, and on the same day, the Defendant set up a mortgage on the above vehicle as the mortgagee's Republic of Korea social Co., Ltd., bond price of 20 million won.

However, the Defendant borrowed KRW 25 million from the Buddhist person on July 2013, when paying 40 million installments, and the Defendant transferred the said vehicle to the Buddhist person, thereby preventing the victim from finding the said vehicle.

Accordingly, the defendant concealed the above vehicle which was the object of the victim's mortgage and interfered with the victim's exercise of mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Article 323 of the Criminal Act applicable to criminal facts, Article 323 of the choice of punishment, and Article 323 of the Criminal Act, conditions unfavorable to the sentencing of the choice of imprisonment: The defendant has no record of committing the same kind of crime, and the defendant has no record of committing the crime, and the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of various sentencing conditions

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