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(영문) 인천지방법원 2014.10.30 2014고단4826

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2011, the Defendant: (a) purchased a CF car at the Donjin-gu 15-4, Gangseo-gu, Seoul, Seoul, and agreed to borrow KRW 8.4 million from the Social Co., Ltd., the victim Republic of Korea, to pay the purchase price of the said car for 36 months; (b) on the same day, the Defendant provided the said car owned by the Defendant as collateral and provided the obligee with the said car as collateral and set up a collateral security amount of KRW 8.4 million equivalent to the claim value of the Defendant as the victim; (c) on May 12, 2012, the Defendant transferred the said car from the trading company of the BF to the brokerage in the name-free name of the company located in Seo-gu, Seo-gu, Incheon, to make it impossible

Accordingly, the defendant concealed the mortgaged vehicle of the victim, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are divided by mistake, the agreement with the assignee of the claim is agreed, the defendant has no same criminal record, and the defendant has no other criminal record, and the defendant's age, character and conduct, environment and circumstances before and after the crime are determined like the order.