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(영문) 전주지방법원 2017.12.20 2016고단2166
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 30, 2015, the defendant working for the defendant who is located in D in Jeonju-si on January 30, 2015.

In E E, FCo also purchased a car at Eart, the said car was offered as security to the victim FFF Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) and borrowed 27 million won for the vehicle, and the victim Co., Ltd. established a mortgage on the said car on the same day.

However, at that time, the defendant transferred the above car to G, who is the defendant's branch, and thereby, the defendant concealed the goods which became the object of the mortgage of the victim company and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. Related documents, etc.;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with suspects);

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The summary of the assertion was known to the Defendant as a person who is a ordinary person;

G merely lent the name of the defendant at the time of the purchase of the instant vehicle upon request by G. As such, the Defendant’s act of transferring the instant vehicle to G cannot be deemed as an act of interference with the exercise of rights to the instant vehicle.

2. The following circumstances revealed by the evidence duly adopted and examined by this court, namely, ① the acquisition and loss of the ownership of a motor vehicle or a mid-term (construction machinery) shall become effective by registering the acquisition and loss of the ownership of a motor vehicle or a mid-term (construction machinery) and, in principle, it is not possible to acquire ownership in an external relationship as well as in an internal relationship between the parties, unless otherwise registered. In the event of special circumstances where the parties agreed to hold ownership of a motor vehicle or a mid-term (construction machinery) by a person who is not the title holder of the registration,

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