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(영문) 서울중앙지방법원 2017.04.21 2016고단9200
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 27, 2014, the Defendant: (a) in the Hyundai Capital B’s agency located in Suwon-si, the Defendant agreed to grant a loan of KRW 40 million from the victim Hyundai Capital Co., Ltd. to pay KRW 847,00,000 as principal and interest every month until May 2019; and (b) around May 29, 2014, the Defendant set up a collateral security of KRW 28,000,000,000 as the victim’s company as the creditor on the said car.

Nevertheless, the defendant did not pay the post-paid installments properly, and on 2015, the defendant borrowed 7 million won from the credit service provider under the name of the first police officer and offered the said car as security.

Ultimately, the Defendant concealed the car owned by the Defendant, which was the object of the victim company’s rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Complaint;

1. Application of the Acts and subordinate statutes of the new installment plan and the ledger of motor vehicle registration;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who does not have a basic area (six months to one year) (i.e., interference with the exercise of rights) (i., a person subject to special sentencing) (i.e., a sentence decision] [the amount of damage] is not completely recovered, taking into account the amount of damage, and other factors of sentencing as indicated in the trial process of this case, such as Defendant’s age, sex, sex, family relationship, family environment, motive and means of crime, circumstances after crime, etc., shall be determined as ordered by taking

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