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(영문) 수원지방법원 안산지원 2014.09.05 2014고단23
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 17, 2012, the Defendant, at the used cars trading center located in Gwangju, agreed to take out loans of KRW 17,200,000 from the victim Korean Capital Co., Ltd. for 48 months in order to pay the purchase price, and set up a mortgage on the said car in the name of the victim.

However, the Defendant paid the above principal and interest twice by January 2, 2013, and did not pay the remaining principal and interest, and the Defendant filed an application for voluntary auction of cars on the basis of the mortgage created on the said vehicle, and the Defendant failed to obtain a decision of voluntary auction of cars from November 14, 2013 upon receipt of the decision of compulsory execution from around November 14, 2013. On December 12, 2013, the Defendant borrowed KRW 6,00,000 from the credit business chainF in the third floor of Jongno-gu Seoul, Jongno-gu, Seoul, to transfer the said vehicle as a collateral, and the location of the vehicle cannot be known.

In this respect, the Defendant concealed the object which is the object of the mortgage, which is the victim's right, and interfered with the exercise of the right.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes, such as an application for an erroneous debate on automobile, a written notification, a decision on the auction of automobile, a protocol of impossibility of delivery of automobile, and

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds that the defendant is detained for 20 days as a result of the crime in this case; Article 62 (1) of the same

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