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(영문) 광주지방법원 2015.04.01 2015고단530
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 22, 2010, the Defendant obtained a loan of KRW 15 million from the victim's social Co., Ltd. (on the present KB Capital Capital Co., Ltd.) in order to raise funds for the purchase of the car of 15 million when purchasing the car of ecoo in the name of the Defendant at the closure store of rist Dokdong, Gwangju Mine-dong, Gwangju, and registered a collateral security right of KRW 15 million with the claim value of the victim as a mortgagee on the said car as security on the 29th day of the same month.

On May 2013, the Defendant received a loan of KRW 3 million from a credit service provider at an unspecified place, and delivered the said car for the purpose of securing the victim’s right, thereby hindering the victim’s exercise of right by concealing one’s own goods which became the object of another’s right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the agreement of intermediate installment financing and notification of assignment of claims;

1. Article 323 of the Criminal Act applicable to the crime;

1. Imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Act - Circumstances: The defendant reflects the crime of this case, the defendant has no criminal records, and the defendant must support two children;

b. - Circumstances: Not having been recovered from damage, and not having been aware of the location of the concealed vehicle until now.

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