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(영문) 수원지방법원 성남지원 2017.09.01 2017고단1587
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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 November 8, 2013, the Defendant was sentenced to imprisonment with prison labor for six months in the crime of embezzlement from the Sungnam branch of Suwon branch of Suwon branch of Korea on November 8, 2013 and the judgment became final and conclusive on November 16, 2013.

On June 3, 2011, the Defendant entered into a collective security agreement with the Defendant as to the Defendant’s Hyundai Capital Co., Ltd. and the said car at KRW 45,00,000,000, in the name of the Defendant at the commercial office for the car trade of the Round Co., Ltd., Ltd., which is located in the 303 Haan-dong, Seoan-gu, Seoul Metropolitan Government, on June 3, 201, to purchase at the purchase price of KRW 53,00 in 36 months.

Nevertheless, on February 2, 2012, at the Defendant’s workplace D office located in Gwangju City around Gwangju-si, the Defendant offered the key of the said car to the Defendant, who was requested by a person under whose name the Defendant had a claim of KRW 15,000,000, to provide a security, so that the Defendant could not grasp the location of the vehicle by getting the person under whose name the obligation was lost.

Accordingly, the Defendant concealed the car owned by the Defendant, which is the object of the victim’s right to collateral security, and obstructed the victim’s right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements and written complaints;

1. An application for a review table, application for modern Capital, and application for a loan for the purchase price for the second and second class in the modern Capital Plan;

1. A certified copy of the motor vehicle registration ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (related previous convictions and confirmations), and other relevant Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The fact that the establishment amount of the right to collateral security established by the victim for the reason of sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) reaches KRW 45 million is disadvantageous to the Defendant.

However, the crime of this case is one of the concurrent crimes with the crime of embezzlement for which judgment has become final and the crime of this case after Article 37 of the Criminal Act.

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