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(영문) 부산지방법원 동부지원 2016.04.06 2014고단1114
권리행사방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. 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 January 14, 2013, the Defendant obtained a loan from the victim JB Gap Co., Ltd. to purchase the DMW car within the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, 221 C on January 14, 2013, and the Defendant agreed to provide a monthly change of KRW 940,328 between 36 months and 36 months, and set up a collateral security right as to the said vehicle with the victim company as the creditor, the Defendant as the obligor, and the maximum amount of the bond amount of KRW 33,60,000.

Nevertheless, the Defendant paid only KRW 2,927,441 until April 30, 2013 and paid the remainder in arrears, and transferred the said car, which became the object of the right to collateral security, to a person F, as seen above, at the Busan Southern-gu E parking lot around July 2013, the Defendant could not know the location of the said car.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

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

1. Statement with respect to G;

1. Application of the Acts and subordinate statutes on the filing of a complaint;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no person [the prosecutor's opinion] [the defendant's opinion] 6 months of imprisonment with prison labor for 6 months or longer, and one year of suspended sentence: Consideration for 22 million won for damage to the victim: there is no criminal conviction for the defendant, and there is no error for the defendant's age, sexual behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as prescribed in Article 51 of the Criminal Act.

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