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(영문) 대전지방법원 홍성지원 2018.05.09 2018고단227
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 December 6, 2014, the Defendant purchased a passenger car B i30, and took out a loan of KRW 21 million from the victim Hyundai Capital Co., Ltd. and set up a mortgage on the said car as security against the victim company.

Defendant was working in the company operated by the Defendant without the consent of the victim company at the hearing of March 2017, while the payment of the share of the said car was in arrears.

C Even though the vehicle in arrears was delivered to C as a security for the overdue wage, it was impossible for the victim company to grasp the location of the vehicle by refusing the victim company's request for delivery of the vehicle.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of others' rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint concerning a loan of light management for a stock company;

1. An application for acquisition of assets, a notice of credit transfer, an application for a new loan of modern capital, a certified copy of the automobile registration ledger (A);

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications for witnesses C);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the crime is recognized and reflected, the substantial damage is relatively minor, the fact that there is no record of punishment as a punishment for the same kind of crime or a punishment for imprisonment, and that there is no sufficient economic situation);

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