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(영문) 인천지방법원 부천지원 2016.07.21 2015고단3436

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 23, 2013, the Defendant granted a loan of KRW 22,50,000 from the injured party's vehicle purchase fund of KRW 158,00,000 from the injured party's office of the case network, which is a partnership for the victim's damage corporation, as in the Seo-gu Incheon, Seo-gu, Incheon, and established a mortgage of KRW 22,50,000,000,00 as the value of the claim to the mortgagee as the injured party on the same day.

Around November 2013, the Defendant borrowed KRW 5 million from the borrower E from the lending company located in Seocheon-si, Non-Acheon-si, and delivered the said car as security to E.

As above, the Defendant concealed the location of the car owned by the Defendant, which became the object of the victim’s right, so that the victim’s exercise of right could not be confirmed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the complainant or the police with respect to F;

1. Application of Acts and subordinate statutes on non-financial agreements to be made, details of loans received, original register of automobile registration, and protocol of automobile delivery impossibility;

1. The crime of this case was committed under the pertinent law of criminal facts, Article 323 of the Criminal Act of the choice of punishment, the favorable circumstances (a confession, reflect, etc.) of the defendant's reasons for sentencing of imprisonment, and unfavorable circumstances (abstinence of the repayment of installments to the victim at the time, and the principal amount of the loan was exceeded 20 million won). In addition, when the bond company additionally borrowed money to the bond company, making it clear whether the victim's mortgage object is handed over and abandoned, the crime of this case was committed, and the victim's contact continued to have been committed, and the crime of this case was committed, and the crime of this case was committed, and the victim was committed continuously after the escape and diving for several years, and only 24 million won was repaid to the victim with the principal and interest, and the vehicle was not made any effort to recover the damage for several years after the crime of this case, the age of the defendant, the sex of the defendant, and the conduct of this case.

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