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(영문) 울산지방법원 2017.04.20 2015고단817
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

On November 13, 2013, the Defendant obtained a loan of KRW 25.6 million from the office of the injured party to purchase the B SP car under the name of the Defendant, and registered a mortgage of KRW 12.8 million on the said car as security at around the 18th day of the same month by the mortgagee of the said car.

On July 2014, the Defendant transferred the said car to C, which is the object of the victim’s mortgage, at a non-permanent place, so that the damaged person could not find the said car, thereby concealing his own goods which became the object of another person’s right, thereby interfering with the exercise of the victim’s mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint, additional data to be submitted by a complainant and a written application for insurance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Grounds for sentencing under Article 323 of the Criminal Act in relation to the relevant criminal facts and Article 323 of the choice of punishment;

1. Type 1 (Obstruction of Exercise of Rights) of the basic area (from June to one year) of the sentencing criteria;

2. The amount of actual damage caused by the instant case’s sentencing grounds is equivalent to KRW 28 million, the vehicle has not been recovered or has not been repaid until now, the defendant can have the record of criminal punishment of the same and different kinds, and the whereabouts of the victim is unknown at present.

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