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(영문) 광주지방법원 목포지원 2020.06.19 2020고단661
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on February 26, 201, and the judgment became final and conclusive on May 4, 2019.

【Criminal Facts】

On August 1, 2018, the Defendant borrowed KRW 17 million from E (ju) on the condition that the principal and interest shall be paid in equal installments on the 10th day of each month for the 36-month period, when purchasing D low-end car at the office of the middle-class seller where the trade names in Pyeongtaek-si B and C are unknown, and around August 2, 2018, the Defendant created a mortgage on the said car as collateral for the said loan by having E as the mortgagee at the bond price of KRW 8.5 million.

However, after the Defendant repaid the total amount of KRW 813,782 to the principal and interest, the Defendant borrowed KRW 5 million from the bond company with no name on October 2018 and delivered the said vehicle as a collateral, thereby making it impossible to locate the said vehicle.

Accordingly, the defendant concealed a passenger car which is the object of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Complaints, copies of contracts for acquisition of assets, copies of sales certificates, copies of notices of assignment of claims, copies of certificates of contents certification, copies of certificates of takeover of vehicles, copies of certificates of contract of borrowed loan, copies of certificates of contract of borrowed loan, register of motor vehicles, and

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, investigation reports (involving the necessity for transfer, written judgments, current status of confinement, etc.);

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

1. The grounds for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes are recognized and against the defendant. The instant crime is in a ex post concurrent relationship with the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., for which the judgment in the judgment in the judgment in the judgment in the judgment in the judgment

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