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(영문) 인천지방법원 2016.02.16 2015고단5894

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant around December 16, 2013, the defendant was in partnership with the Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 414 Victim Mz Capital Co., Ltd.

At the soil lease office, when purchasing the B car under the name of the defendant, it received the second loan of 28,800,000 won from the injured party and set up a right to collateral in the same amount to the injured party.

On October 2014, the Defendant delivered the above vehicle to the creditor C as a substitute repayment, and concealed the above vehicle which became the object of the victim’s right and obstructed the victim’s exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each report on investigation;

1. Content certification and application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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 on the suspended execution (see, e.g., Article 62(1) of the Criminal Act; Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decisions 200Do1448, Apr. 1, 2