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(영문) 수원지방법원 2015.08.24 2014고단2027
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 17, 2012, the Defendant purchased E-A-Wurt Automobiles from the office of the selling company of “D” used cars located in Gangnam-gu Seoul Metropolitan Government, and took out loans of KRW 20,400,000 as the purchase price for the automobiles under the condition that the principal and interest of the loans shall be paid in installments for 60 months each month between the victim’s Non-Nurg Capital and his employees under the name of the victim’s Non-Nurg Capital. On September 20, 2012, the Defendant registered the said automobiles under his own name and established a collateral security right of KRW 17,80,000 to the victim.

As above, the Defendant, despite having ordered the victim company to set up a right to collateral security on his/her own car, sold the said car to the victim in the vicinity of the F apartment in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, 2013 after receiving KRW 6,500,000,000 from the deceased.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes concerning automobile installment financing, copy of automobile registration certificate, register of automobiles and protocol of non-delivery of automobiles;

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

1. Article 62 (1) of the Criminal Act;

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