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(영문) 광주지방법원 2018.07.05 2018고단937
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 February 27, 2017, the Defendant purchased Au Q5 vehicles in the office of Auju Capital Co., Ltd. in the car trade complex in the Seo-gu Seoul Metropolitan City, Seo-gu, Gwangju, and provided the above vehicle as security to the victim Au Capital Co., Ltd., and established a right to collateral security of KRW 17,50,000 for the first installment payment of KRW 54,048 for the first installment, and thereafter, the Defendant concluded an installment contract with the payment of KRW 733,060 for 48 months each month, with the loans of KRW 25,00,000 from the said company, and acquired ownership.

By July 14, 2017, the Defendant paid a total of KRW 3,516,269,000,000 for the above vehicle and did not pay the remainder, and received notification of the termination of the contract and the return of the vehicle from the victim company around December 2017.

Nevertheless, the defendant concealed the above vehicle, which is the object of the victim company's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to loan specifications, an application for an erroneous discussion, and a protocol not to deliver automobiles;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the confession of a criminal defendant and reflects his/her wrongness, the fact that the injured person agreed with the victim is the mother of the criminal defendant, the fact that the injured person supports two children, etc.);

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