beta
(영문) 부산지방법원 2018.02.07 2017고단4916

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

On July 12, 2016, the defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court for fraud, and the judgment became final and conclusive on the 20th of the same month.

On August 25, 2015, the Defendant obtained loans of KRW 24 million from Dold Capital Co., Ltd., and agreed to pay KRW 795,990 per month between 36 months to the victim company and agreed to pay KRW 795,990 per month in order to secure this, the Defendant set up a right to collateral security of KRW 12 million in the value of the bonds to the victim company on the 27th of the same month.

Since then, the Defendant paid only 2,066,031 installments to the victim company, and around November 2015, around the end of Busan, the Defendant transferred the said car and the vehicle registration certificate to the victim company after receiving three million won from the non-name lender in front of the F golf course located in Nam-gu, Busan.

Accordingly, the defendant concealed the above passenger car, which is the object of the right to collateral security, and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint: A written inquiry on the balance of claims, a statement of deposits, details of collection activities, a copy of a resident registration list, a notice of scheduled termination of a contract, a certified copy of each motor vehicle registration ledger, a certified copy of each motor vehicle registration ledger, an application for a middle or misleading debate (loan), a resident registration certificate, a certified copy of a resident registration card, a certificate of personal identification, a certificate of qualification for health insurance, a certificate of employment, a certificate of income collection, a statement

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, report on investigation (related to previous convictions);

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is the crime in consideration of the fact that the defendant created a collateral on a motor vehicle purchased with a loan from the victimized company as above and concealed the motor vehicle by disposing of it.