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(영문) 인천지방법원 2016.10.26 2016고단2068

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2013, the Defendant agreed to obtain a loan by setting the amount of KRW 18.7 million out of the purchase price of the victim's Gag Capital Co., Ltd. from the victim's Gagn Capital Co., Ltd. at the Daejeon-gu Daejeon Daejeon-gu Daejeon, with the payment period of KRW 60,000,000 from the victim's Gagn Capital Co., Ltd., and on the same day, the Defendant provided the above vehicle owned by the defendant as security, and set up a mortgage equivalent to KRW 13,0

Nevertheless, around May 2014, the Defendant borrowed 5,500,000 won from a lending company located in Seoul and transferred the said vehicle to the lending company as security.

Accordingly, the defendant concealed the mortgaged vehicle of the victim, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the written complaint or the register of automobiles statutes;

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

1. Article 62 (1) of the Criminal Act (Consideration of the suspended execution, including the background of the crime, the fact that the defendant has no criminal records of the same kind of crime or suspended execution, the agreement, and the outline of the movement