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(영문) 서울중앙지방법원 2016.09.29 2015고단7736
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2013, the Defendant borrowed 65 million won from Dog Capital Co., Ltd. on the condition that 2,149,620 won per month changed by 36 months, and purchased a Dbenz car from the used vehicle trading company, and transferred it to E through E, and the victim F lent 30 million won to the bond company around June 2014, and as a collateral lent 30 million won to the bond company, the Defendant occupied and used the said vehicle by taking possession of the vehicle abandonment letter, the certificate of seal impression, etc. prepared by the Defendant along with the said vehicle.

When a fine for negligence, such as speed violation, has been imposed as the above vehicle was continuously imposed upon the operation of the above vehicle, the defendant was notified on September 14, 2015 by the Dongjak-gu Office that the above vehicle was kept in custody on the ground of the delinquency in payment of the automobile tax, and on September 23, 2015, the defendant ordered G, the land owner around September 14, 2015, to tow the above vehicle in the victim H 303's house parking lot in Dongjak-gu Seoul Metropolitan Government, and brought it to the Dongjak-gu Office for a public auction, and requested the Dongjak-gu Office for a public sale. However, after receiving the notification from the public official I of the Dongjak-gu Office's office that the victim could not object to the public sale, he towed the above vehicle with I and transferred it to the wife of the victim.

After that, on October 13, 2015, the Defendant towing the said car parked in the victim's house parking lot again, and brought it to the Seocheon-gu Jalter in Seoul Special Metropolitan City, Seocheon-gu. Around October 13, 2015, the Defendant tried to carry out the auction procedure for the said car from K of the capital company to K of the said company, and to bring it to the victim's house parking lot by entrusting the enforcement officer of the Seoul Central District Court with the execution of the car delivery, and to keep the said car in the cargo parking lot in Seocho-gu Seoul Metropolitan Government, and to proceed with the auction procedure.

The defendant, when conducting an auction to K, has long long handled as soon as possible, and has K prepare a written consent for voluntary disposal of motor vehicles and have it sell the motor vehicle at will.

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