(영문) 춘천지방법원 원주지원 2015.10.28 2015고단496

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2015.10.28 2015고단496

권리행사방해

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around November 21, 2013, the Defendant agreed to grant a loan of 13 million won from the victim Lee Jong-man Capital Co., Ltd. in the name of the Defendant to pay installment for 36 months in the name of the victim for the purchase price for the ecoo passenger car purchased in the name of the Defendant. On November 23, 2014, stated in the facts charged as of November 23, 2013 of the same year, is obvious that it is a clerical error as of November 23, 2013, and is not disadvantageous to the Defendant’s exercise of the Defendant’s right to defense, and thus, it is corrected ex officio.

A mortgage was created in the amount equivalent to KRW 6,500,000,000 for a claim against a creditor for the said car by providing the car to the victim as security.

On November 23, 2013, the Defendant paid 529,959 won to the principal of the loan and did not pay the remainder of 12,470,041 won, and delivered it to C (one-time D) who is the creditor of the Defendant, for the purpose of securing the said car.

Accordingly, the defendant concealed the car that is the object of the mortgage held by the victim and obstructed the exercise of the victim's right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the details of transactions, applications for loans to purchase automobiles, written agreements, notices of loss of term or interest, decisions on the auction of automobiles, records of impossibility of delivery of automobiles, and register of automobiles Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [limited to the reasonable circumstances] reflects on the amount of damage (mortgage 6.5 million won), 2 million won out of the amount of damage (mortgage 6.5 million won), the violation of the law by which the crime was committed, the violation of the law by which the person committed the crime was committed

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제323조

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