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(영문) 인천지방법원 2015.05.28 2015고단276

권리행사방해

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 January 28, 2014, the Defendant purchased 11.5 tons of truck of 11.5 tons of Korea, and took out a loan of 18 million won from the victim Non-Hand Capital Capital (ju), and on February 13, 2014, set up a mortgage on the above vehicle as the mortgagee's "Defrith Capital", "A", and "7,68 million won of credit value".

However, around September 2014, the Defendant: (a) concealed the above truck, which was the object of the right of the Hyman Capital Capital, by leaving it to a third party as security; and (b) interfered with the exercise of the right of the Hyman Capital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of applications for a motor vehicle accident prevention and requests for the receipt of installment payments;

1. Application of the Acts and subordinate statutes to the decision on car auction and the protocol of impossibility of delivery of automobiles;

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

1. Although the value of a truck concealed for sentencing under Article 62(1) of the Criminal Act is not significant, since the defendant recovered the vehicle and agreed to sell it through consultation with the victim, it is so decided as per Disposition.