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(영문) 청주지방법원 2016.11.02 2016고정463

권리행사방해

Text

Defendant shall be punished by a fine of 2.4 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On March 7, 2013, the Defendant was sentenced to five months of imprisonment with prison labor for special obstruction of performance of official duties at the Suwon District Court, which became final and conclusive on March 2013. On October 14, 2013, the above judgment became final and conclusive on April 4, 2014, and was sentenced to one year of imprisonment with prison labor at the Ulsan District Court for embezzlement; on April 4, 2014, the above judgment became final and conclusive on April 2014; on April 25, 2014, the Defendant was sentenced to one year and two months of imprisonment with prison labor at the Ulsan District Court, on April 25, 2014, and was sentenced to four months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc.; on or around July 2014, the above judgment became final and conclusive on July 21, 2014, and was sentenced to imprisonment with prison labor from the Ulsan District Court and decided on June 214, 2016.

【Criminal Facts】

The defendant is the owner of SM5 C vehicle.

On April 2012, the Defendant: (a) purchased the said vehicle from the victim capital office located in the 13th floor in the Gangnam-gu Seoul Metropolitan Government THro 126 Large Building 13th century; (b) obtained a loan from the victimized Company; and (c) provided the said vehicle as security to the victimized Company; and (d) made a mortgage on the name of the victimized Company; (b) however, around February 2013, the Defendant concealed the said vehicle by delivering the said vehicle to D, who is located in the French land, thereby making it impossible for the victimized Company to confirm the location of the said vehicle.

Accordingly, the defendant concealed his own property which was the object of another person's right and obstructed the exercise of the rights of the damaged company.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement (E);

1. Investigation report (for statements and absence of witnesses);

1. Installment financing of used cars; and