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(영문) 서울중앙지방법원 2015.04.17 2014고단9679
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual owner of C, and D is the relationship that is the employee of the company.

On April 24, 2013, the Defendant purchased GMW735Li car in the name of D, while obtaining a loan of KRW 15 million from the victim Aju Capital Co., Ltd., at the same time, registered the establishment of a neighboring maximum debt amount of KRW 10.5 million with the mortgagee on the said vehicle.

On December 14, 2013, the Defendant concealed the foregoing vehicle, which was the object of the right to collateral security, by offering it as security to the pawned Center, without delay in the payment of the loan to the victim, at H A located in the Gangseo-gun, Gangwon-gun, Gangwon-do.

Accordingly, the Defendant conspiredd with D to interfere with the exercise of rights by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. The prosecutor's statement against the defendant;

1. Statement to J police officers;

1. A written application for debate on the mistake and a written contract establishing a right to collateral security for automobiles;

1. A detailed statement of currency;

1. Details of the receipt of the principal and interest of disposable discrimination;

1. Automobile register;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records, 64, 71, 105 pages);

1. Relevant Article 323 of the Criminal Act and Articles 323 and 30 of the Criminal Act concerning the crime (the point of obstructing another’s exercise of rights and the choice of imprisonment);

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is against the law; (b) the degree of damage in this case; and (c) the victim

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