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(영문) 의정부지방법원 고양지원 2019.01.17 2018고단2675

A defendant shall be punished by imprisonment with prison labor for up to six months.

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


Punishment of the crime

On February 19, 2014, the Defendant borrowed KRW 15 million from the Victim B Co., Ltd. at the day of the Gyeonggi-si in Gyeonggi-si, and completed the establishment of a mortgage on the 24th of the same month, which is owned by the Defendant, with respect to the 15 million bond value, and the 15 million bond value, which is the mortgagee, as the victim.

Nevertheless, the defendant, around August 2014, in the vicinity of the Jiwon Station in the 2014 Gyeonggi-do, made it impossible for the victim to confirm the location of the said car by making the said car as a debt repayment name to the person who borrowed the money from the defendant.

Accordingly, the defendant concealed the above car owned by the defendant, which is the object of the victim's mortgage, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Application of heavy loan, assignment of claims, notification of consignment, and application of the register of automobiles Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 323 of the Criminal Act for the crime and for the choice of punishment (in that the choice of imprisonment and installment payment have been made in excess of three times, and the transferor has not made a proper statement, the nature of the crime is not good, taking into account the fact that it is serious or there is no same criminal record);

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

1. Social service order under Article 62-2 of the Criminal Act;