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(영문) 수원지방법원 2018.03.13 2017고단8398
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On September 17, 2010, the Defendant obtained a loan of KRW 9,500,000,000 from the victim Hyundai Capital Co., Ltd. in a equal repayment method for principal and interest between 12 months. On September 20, 2010, the Defendant established a right to collateral security (right to collateral security) with respect to the said motor vehicle, which is KRW 9,50,000,000,000, in value of the claim.

On November 16, 2010, the Defendant obtained a loan of KRW 15.7 million from the victim Hyundai Capital Co., Ltd. in the way of equal repayment of principal and interest between 24 months, and around November 26, 2010, the Defendant established a right to collateral security (right to collateral security) with respect to the above automobile amounting to KRW 15.7 million.

From January to February 2, 2012, the Defendant paid to the victim company the principal of the loans of KRW 4,467,783 and the principal of the loans of KRW 1,527,218 for the above SM5-car, and did not repay the remainder of the loans, the Defendant provided the above 3 automobiles and the above SM5-car to G as collateral for the Defendant’s debts of KRW 15 million in front of the Defendant’s home located in the MM5-car from January to February 2, 2012.

Accordingly, the defendant, who was the object of the rights of the victim company, concealed the above SM5 car owned by the defendant, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. The defendant's legal statement 1. H's statement

1. Two copies of a withdrawal contract to be entered into a military unit, two copies of a notice of transfer of claims, sales certificate, and the motor vehicle registration ledger;

1. In light of the fact that the prosecutor applying the Acts and subordinate statutes in the written complaint states the Defendant’s previous convictions in the criminal records in 2012, and subsequently prosecuted the Defendant under Article 37 of the Criminal Act subject to the application of Article 39(1) of the Criminal Act, the Defendant was sentenced to imprisonment with prison labor for three years for a violation of the Narcotics Control Act in the Jeonju District Court’s military support on July 7, 201, and the said judgment became final and conclusive on October 29, 201, the instant crime and the said judgment around 2012.

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