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(영문) 수원지방법원 안양지원 2015.04.02 2014고단1943
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 May 22, 2013, the Defendant purchased one car of the 38,700,000 won in the purchase price of the vehicle from the 38,700,000 won from the 38,700,000 won in the purchase price of the vehicle from the 38,300,000 Won in the victim company and the 749,980 won in the month between 60 months and the 749,980 won in the above vehicle. In the event of the installment payment twice consecutively, the Defendant entered into a contract for installment and mortgage contract for the vehicle that the mortgagee may sell the vehicle at his own discretion in accordance with the agreement for loss of fixed profit, and completed the establishment registration of the 29th of the 20th of the same month with the victim company as the right to collateral security.

However, the defendant against the victim company from June 14, 2013 to the same year.

8. Until December 14, 201, KRW 201,971 was repaid three times, and the remainder of installments was not paid, and the victim company requested delivery of the said car to repay the full amount of loans or to exercise a right to collateral security on October 14, 2013, but the said car was arbitrarily transferred from a multi-face near the Dju station located in Goyang-si, and its location could not be known.

Accordingly, the defendant concealed his own motor vehicle which was the object of the right to collateral security of the victim company and obstructed the victim company's exercise of collateral security.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaint filed by the Lee non-Korean Capital Company;

1. A E-document;

1. Details of loan, approval file, written request for consultation or provisional approval, sales articles, management of loan security, documents related to loan (such as an application for debate on automobile financing), application for debate on automobile installment financing, and details of plan preparation and receipt;

1. Application of each register of automobiles statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act provides that the victim shall agree with the victim;

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