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(영문) 수원지방법원 성남지원 2016.02.16 2015고단2369

권리행사방해

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2010, the Defendant purchased DNEW SM5 car at the point located in the Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and received 24,000,000 won of vehicle purchase from Korea (States) for the social service of Alcia, and agreed to pay in installments for 48 months. On February 11, 2010, the Defendant created a mortgage on the said car as the mortgagee for the social service Korea (States) of Alcia on the said car.

However, until December 15, 2011, the Defendant paid only KRW 8,485,806 in total over 22 occasions, and did not pay a total of KRW 24,274,266, including the remaining principal and interest of the loan, and the Defendant was requested by the victim (state) who was taken over the Defendant’s credit and mortgage from the Korea Social Services Co., Ltd. (State) around December 14, 201 and the Korea Social Services Co., Ltd. (State) on several occasions to repay the debt and return the vehicle in M.

However, on March 2013, the Defendant: (a) concealed the said car owned by the Defendant, which was the object of the mortgage, and interfered with the victim’s exercise of rights by leaving the said car to repair the said car to an industrial company located in the Chungcheong zone; and (b) neglecting it.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police for E.

3. Application for loans, agreement on guaranteeing and returning of heavy and heavy automobiles, application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

2. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)