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(영문) 의정부지방법원 2017.05.24 2017고단1414

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 29, 2015, the Defendant purchased DN-type vehicles at the store located in the Daegu metropolitan commercial building located in the Daegu metropolitan district, the Defendant borrowed KRW 23,00,000 from the Daegu-gu E located in the Dong-gu, Daegu-gu, a partner of the Korea Exchange Bank, and repaid the loan amount of KRW 21.9% until July 10, 2018. On the same day, the Defendant created a mortgage on the said vehicle purchased by the Defendant as collateral with the mortgagee bank, the bond amount of KRW 23,00,000,000.

The Defendant did not pay a loan after paying a total of three times from the date of the loan to October 9, 2015, and the victim attempted to exercise a mortgage to recover the claim on November 10, 2015. However, the Defendant cannot ascertain the location of the vehicle that was discharged by transfer from G around the end of December 2015, thereby failing to return the vehicle.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. Application of each Act or subordinate statute of the notification of planned commencement of legal procedures, such as an investigation report, investigation report (Submission of data from a witness), new bank transaction details, HK erroneous application, automobile registration ledger, redemption inquiry, and notification of planned commencement of legal procedures;

1. Article 323 of the Criminal Act concerning the crime;

1. Reasons for sentencing choice of sentence [the scope of applicable sentences under the law] 5 years of imprisonment [the scope of applicable sentences] ] The basic area of punishment such as interference with the exercise of rights among the groups of crime interfering with the exercise of rights [the scope of recommended punishment]: From six months to one year [the decision of sentence] from six months of imprisonment [the defendant's obligation to the defendant's damaged company] is 21,602,482 won as principal and interest and expenses are satisfied.

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