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(영문) 대전지방법원 서산지원 2018.07.18 2017고단953
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 8, 2014, the Defendant entered into a loan contract for the purchase of vehicle B in the string-land (loan amounting to KRW 24.4 million, KRW 565,100 per month between five years, and KRW 565,100 per month) with the victim Hyundai Capital Co., Ltd. at the office of Hyundai Don Capital in Dobong-gu Seoul, Dobong-gu, Seoul, and established a mortgage on the victim company with the purport that the above security will be returned if the loan is not paid in full after purchasing the above string-land vehicle.

However, on December 2014, the Defendant borrowed 10 million won from the bond company from the bond company at the sub-section of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, and offered the above Switzerland car as security for the purpose of securing the loan.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of another person's right, and obstructed another person's exercise of rights

Summary of Evidence

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the complaint [including the part attached to the new complaint application form] and each investigation report [including the part attached to the original register of motor vehicle registration];

1. Other circumstances, such as the Defendant’s age, sex, occupation, environment, family relationship, motive, method and result of the crime, circumstance after the crime, etc., comprehensively taking account of the following factors, such as the following: (a) purchasing of the vehicle for the reason of the sentencing of imprisonment, Article 323 of the Criminal Act regarding the criminal facts; (b) selling the vehicle immediately after the purchase of the vehicle for the reason of the sentencing of imprisonment; (c) the degree of damage to the victim; and (d) the degree of damage to the vehicle and the situation

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