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(영문) 인천지방법원 2017.07.20 2017고단4035
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 6, 2013, the Defendant agreed to repay the principle for 36 months in the name of Hyundai Capital Co., Ltd. when he borrowed KRW 13.4 million from Hyundai Capital Co., Ltd. to get a loan of KRW 13.4 million. On May 14, 2013, the Defendant set up a right to collateral security of KRW 13.4 million in the name of Hyundai Capital Co., Ltd.

On June 2013, the Defendant offered and delivered the said vehicle as security by borrowing KRW 4 million from a credit service provider in the name in the name of the Defendant, and on May 20, 2016, Hyundai Capital Co., Ltd. transferred the Defendant’s claim against the Defendant to a limited company specializing in the victim EPS first securitization in accordance with the asset securitization plan and registered the transfer of assets on May 4, 2016.

Accordingly, the defendant, who was the object of the right to collateral security of the victim company, concealed the car owned by the defendant and obstructed the exercise of the right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Complaint;

1. Application of a non-financial agreement to be made, a notice of transfer, a sales certificate, a motor vehicle registration ledger, a corporate registry, or an Act or subordinate statute verifying contents;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the suspended sentence (the scope of recommendation) was [the scope of recommendation] interference with the exercise of the right, and where a person committed an intentional crime committed with negligence (one to eight months) in the mitigated area (one month and August), [the person with special mitigation] [the decision of sentence] six months in imprisonment, and two years in suspended sentence execution, the damage suffered by the victimized company due to the Defendant’s crime was not less and less less and less damage was not recovered.

It is also disadvantageous to the defendant's installment payment that is only one time.

However, the defendant recognized his mistake and reflected his mistake.

The defendant shall be sentenced to a fine once.

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