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(영문) 광주지방법원 2018.10.26 2018고단3029
권리행사방해
Text

A defendant shall be punished by imprisonment for four 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

Punishment of the crime

On March 2, 2017, the Defendant purchased B B B B B-V cruise- diesel vehicles, and obtained a loan of KRW 20 million from the victim Miber Capital Co., Ltd. (the repayment agreement at KRW 545,526 on the 48th month and the 15th day of each month), and around the 3th day of the same month, the Defendant set up a mortgage against the victim at the bond price the amount of KRW 10 million,50,000,000 in the above vehicle.

Nevertheless, on March 2017, the defendant borrowed 3 million won from a person who was not the deceased's name, and transferred the above vehicle as security, so that the victim could not grasp the location of the above vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act in the suspension of execution (such as the fact that the maximum amount of claims is ten million won, the fact that the crime is recognized, and the fact that there is no previous conviction in the same kind);

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