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(영문) 의정부지방법원 고양지원 2018.01.25 2017고단2751

권리행사방해

Text

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

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant: (a) purchased B mixed-use car from the used car trading complex located in Chungcheongnam-gu, Seoul Special Metropolitan City prior to North Korea, and (b) obtained a loan of KRW 15 million from the victim JB, Co., Ltd.; and (c) set up a mortgage equivalent to KRW 7,500,000 of the bond value on the said car.

However, on June 10, 2017, the Defendant sold the said car to the name-free person for five million won on the road near the Hoi University located in the Eup/Myeon in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

2. On March 9, 2017, the Defendant purchased CK5 vehicles at the places indicated in paragraph 1 at the time around March 9, 2017, and took out a loan of KRW 1,450,000 from the victim JB Korean Capital Co., Ltd. and set up a mortgage equivalent to KRW 7,200,000 for the said vehicle.

However, around June 2017, the Defendant sold the said car to the winners of the name in KRW 2 million on the road near the Hoho University located in the Eup/Myeon located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of D;

1. Application for a medium and high-speed debate, notification of each time limit loss, receipt details in comparison with each plan, each motor vehicle registration ledger, and basic details of each case;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the suspect's apparentness of crime);

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The crimes, such as the instant case’s reason for sentencing Article 37 (former part), Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, are likely to cause harm and injury by providing not only the economic damage to the victim, but also the difference.

Two short-term crimes have been committed by the same law, and loans shall be limited to four times and one time.