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(영문) 대전지방법원 천안지원 2015.04.14 2014고단1771
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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 12, 2010, the Defendant agreed to obtain a loan of KRW 40,00,000 out of the purchase price for the said car from the Social Co., Ltd. Korea, and agreed to repay the said loan amount for a certain amount for 60 months from the date of November 16, 2010.

Nevertheless, on December 2011, the Defendant borrowed KRW 9 million from the Mutual Down Hall in Gangwon-do Jung-gun-gun, Jung-do, in the event that he paid only 5,750,618 of the Defendant’s loan obligations to the victim company and did not repay the remainder, and provided the said vehicle as a security for transfer without nominal transfer, so that the victim could not recognize the location of the said vehicle, thereby preventing the victim from exercising the mortgage on the said vehicle. Thus, the Defendant concealed the said vehicle owned by himself, which is the object of the victim company’s mortgage, and prevented the victim company from exercising the mortgage on the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a new installment financing agreement, notice of assignment of claims, deed of transfer, and statute of the place of complaint;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) (i) of the same Act (i.e., the fact that he/she is in contravention of his/her confession;

1. Social service order under Article 62-2 of the Criminal Act;

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