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(영문) 인천지방법원 2016.01.28 2015고단7108

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 2, 2013, the Defendant: (a) obtained a loan of KRW 15 million from the Plaintiff’s KM5 car Co., Ltd. to purchase the said car; and (b) established a right to collateral security on the said car to collateral security of KRW 15 million that the obligee was the victim; (c) upon the occurrence of the said loan of KRW 680,831 out of the said loan and the failure to repay the remainder, the Defendant obstructed the Defendant’s exercise of rights by concealing the said car by receiving KRW 6 million around February 2014 and transferring the said car to the needy party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the written complaint (including attached documents);

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, consideration of the balance of loans (a approximately KRW 1,662,00), the maximum amount of claims on the right to collateral security (a KRW 150 million), the Defendant’s previous conviction (two times the penalty) and other factors.