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(영문) 창원지방법원 2018.01.17 2017고단1641

권리행사방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On November 7, 2013, the Defendant purchased D dump trucks from 500-1 and 201, Changwon-si, Changwon-si, Masan-si, which was located in 500-1 and 168,100, and agreed to receive loans from the victim bomb social service Korea Co., Ltd. to pay 3,034,526 won each month to the victim in installments for 60 months. On November 11, 2013, the Defendant set up a collateral security interest on the said vehicle as security.

However, around September 4, 2015, the Defendant prepared a fair certificate of KRW 80,00,000 at the office of the Sisk Law Firm near the Nam-dong, Incheon, Nam-gu, Incheon. At the same time, the Defendant granted the right to free occupation and operation of the said vehicle from the same date, and if the Defendant fails to repay the above KRW 80,00,000 by December 31, 2015, he/she prepared a certificate to transfer the ownership of the said vehicle to E. On September 15, 2015, he/she was managing the said vehicle in the vicinity of the Seo-gu, Incheon, Incheon.

G had the said vehicle transferred to E and concealed the subject matter so that it can not be grasped, thereby hindering the victim's exercise of the right to collateral security.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. The installment financial agreement, trade contract, and the original register of motor vehicle registration to be made;

1. A copy of a process certificate, a copy of a certificate, and a written consent for vehicle disposal and granting operating authority;

1. Application of Acts and subordinate statutes to investigation reports (attached to documents available for public inspection of thief accusation cases by suspects);

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 Criminal Act (the conditions favorable to the following reasons for sentencing) guilty and the reasons for the suspended sentence;

1. According to the installment financing agreement between the Defendant and the victim, the court was prohibited from disposing of the relevant vehicle by transfer, etc. or providing it as security, etc. without the consent of the victim.