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(영문) 인천지방법원 부천지원 2015.05.01 2015고단165
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 28, 2010, the Defendant: (a) purchased D A6 car at the office “C” located in Ansan-si; (b) provided the said car as a security to the victim Ariju Capital Co., Ltd.; and (c) entered into a contract of “small and Medium-Term Loan” with the said victim as payment of installments for 24 months each month; and (d) acquired ownership of the said car by obtaining a loan of KRW 20 million from the said victim company to pay the installments for 24 months.

On March 4, 2011, while paying installments to the victim company, the Defendant borrowed money from E, a credit service provider, at the Seoldong, Gangseo-gu Seoul Metropolitan Government Seoldong, and delivered the said car to E as collateral.

Accordingly, the defendant provided the above car as security to a third party, which is the object of the victim company's right, and did not pay the debt, thereby obstructing the victim company's exercise of right by making it unclear the location of the above car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to accusations, details of payments made in installments, vehicle register, loan agreement, and car inquiry;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there are several occasions of punishment of the accused, the amount of damage is not substantial, but has not been repaid, but it is recognized that the accused

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

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