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(영문) 의정부지방법원 2016.08.26 2016고단724
권리행사방해
Text

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

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

Reasons

Punishment of the crime

1. On April 18, 2014, the Defendant: (a) purchased a car from Gangwon-gu, Seoul; (b) obtained a loan of KRW 11100,000 from a non-Korean Capital Co., Ltd.; and (c) registered a right to collateral security of KRW 11 million in the said vehicle under the victim’s name.

Nevertheless, on May 1, 2015, the Defendant concealed the goods of the Defendant, which became the object of the victim’s right, such as borrowing 4 million won from E at the office of the Defendant located in Guri-si, and transferring the said vehicle to E at will, thereby hindering the exercise of the victim’s security right.

2. On July 18, 2014, the Defendant purchased the vehicle from the point of Gangnam-gu, Seoul, and from the point of Gangnam-gu, F-gu 3 freezing, the Defendant borrowed KRW 17.9 million from a non-us Capital Co., Ltd., and registered the right to collateral security of KRW 17.9 million for the said vehicle in the name of the victim.

Nevertheless, on August 15, 2015, the Defendant concealed the goods of the Defendant, which became the object of the victim’s right, such as borrowing five million won from E at the office of the Defendant located in Guri-si, and transferring the said vehicle to E at will, thereby hindering the exercise of the victim’s security right.

3. On April 18, 2014, the Defendant purchased the vehicle from the point of Gangnam-gu, Seoul, G 3 freezing towers at the point of Gangnam-gu, Seoul, with a loan of KRW 21 million from a non-us Capital Co., Ltd., and the Defendant registered the right to collateral security of KRW 18.2 million for the said vehicle in the name of the victim.

Nevertheless, on October 5, 2015, the Defendant concealed the goods of the Defendant, which became the object of the victim’s right, such as borrowing five million won from E at the office of the Defendant located in Guri-si, and transferring the said vehicle to E at will, thereby hindering the exercise of the victim’s security right.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A complaint;

1. Each investigation report (or relative investigation of a witness) and investigation report (victim;

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