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(영문) 수원지방법원 안양지원 2019.02.14 2018고단1972

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 15, 2012, the Defendant was sentenced to three years of imprisonment for fraud at the Suwon District Court on November 15, 2012, and completed the execution of the sentence at the Chungcheong detention center on January 9, 2015.

【Criminal Facts】

The defendant and the victims are the owners of K9 vehicle, and the victim L is the person who has acquired the claim from M which has set up a mortgage on the above vehicle, and the victim L is the person who has concluded a loan transaction contract with the victim as collateral.

A specific criminal defendant was loaned KRW 56,200,00 from M on July 8, 2016 and agreed to repay the interest rate of KRW 5.9% per annum and KRW 1,447,160 per annum for the 48-month period, and established a mortgage in an amount equivalent to KRW 28,100,000 on the above vehicle. On October 18, 2016, the defendant was granted a loan of KRW 15,00,000 from N in the Dispute Resolution Co., Ltd. and agreed to equally repay the interest and principal on the 10th day of each month for the 36-month period, and established a mortgage in an amount equivalent to KRW 19,50,000 on the above vehicle.

On the other hand, around May 28, 2017, the Defendant borrowed KRW 15 million from Q, called "P," which was called "P," which was called a creditor of the Defendant, to demand repayment of the obligation, and provided the said vehicle as a collateral name, and the location of the vehicle could not be known.

Accordingly, the defendant concealed the vehicle owned by the defendant, which was the object of the victims' rights, and obstructed the victims' exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of each police statement against R and S;

1. The S Statement;

1. Each complaint;

1. Application for installment loan, loan transaction contract, and vehicle register;

1. Investigation report (to Q communications for Witnesses);

1. The application of criminal records, criminal suspect records, and Acts and subordinate statutes;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The sentencing period of Article 35 of the Criminal Act is the period of repeated crime.