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(영문) 대구지방법원 경주지원 2017.09.28 2017고단212
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2014, the Defendant: (a) purchased 13,300,000 won for vehicles from “the Social Co., Ltd. 13,30,000 won for 36 months; and (b) agreed to make installment payments of KRW 480,159 for 36 months from “the Victim’s Social Co., Ltd.” (hereinafter “the Victim’s Social Co., Ltd.”) at the Incheon Metropolitan City, Nam-gu Incheon Metropolitan City’s point of Incheon; and (c) agreed to set up a collateral security interest of KRW 6,650,00 for the claim amount for the said car at the victim’s security.

After that, on December 2016, the Defendant received KRW 1.5 million from the person in an influence of his name at a place where it is impossible to identify the name of the racing.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of the victim's right, so that it can not grasp the location of the vehicle, thereby hindering the victim's exercise

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes on deposit in installments, such as a complaint book, tea statement, petition, notice of assignment of claims/asset sales contract, etc., certified copy of the corporate register, proof of contents, application form for second and second installment loan, computer review list, automobile registration ledger (C), and payment details of installments;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (number of extenuating circumstances, such as the fact that the defendant is remarkably repenting his/her mistake, that he/she has no record of punishment exceeding the fine, and that there is very difficult economic situation);

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