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(영문) 창원지방법원 통영지원 2018.06.07 2017고단1444

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 25, 2013, the Defendant purchased FNA-si passenger cars at the point E of the victim Hyundai Capital Co., Ltd., Ltd., the Defendant borrowed 27,000,000 won from the victim company, and around November 26, 2013, issued a mortgage on the said car to the victim company at around 27,00,000 won.

On January 201, 2014, the Defendant offered the said car as security of KRW 14,00,000 to the bonds company with the name of the non-merchants without the consent of the victim at a place where the Defendant was no longer used in Ansan-si, which became the object of the victim's rights, and thereby hindering the victim's exercise of rights by concealing the said car, which became the object of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Complaint;

1. Application of Acts and subordinate statutes of the Hyundai Capital, a written application for a loan, a copy of A seal imprint certificate, a motor vehicle registration certificate, and the original register of motor vehicles;

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

1. According to Article 62(1) of the suspended sentence under the Criminal Act, the value of automobiles concealed by the defendant for the reason of sentencing, the withdrawal by the victim company of the complaint against the defendant, the defendant has no record of the same crime, the defendant has no record of the same crime, the defendant's age, sexual conduct, environment, motive of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered by taking into account various conditions of sentencing as