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(영문) 인천지방법원 2016.04.21 2016고단85
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 24, 2013, the Defendant: (a) borrowed KRW 42,00,000 from the Victim Capital in order to purchase a second floor of the building in the Mutual Aid Association of 1 Teachers and Staff at the front city of Seoul on September 24, 2013; and (b) agreed to repay the said loan amount to the victim in installments at KRW 1,174,694 on April 1, 201; and (c) set up a right to collateral security on October 1, 2013 with the victim as a creditor for the said car.

Although the Defendant had failed to repay the loan from around June 20, 2014, on May 2014, the Defendant offered the said car as security and transferred the possession thereof to D, and the damaged person could not execute the voluntary auction of the said car.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes governing loan contracts, modified loan terms and conditions, original register of automobile registration, details of receipt of principal and interest, and voluntary decision on auction of automobiles at the Jeonju District Court;

1. In the event that an intentional crime was committed in the mitigated area (i.e., January to August) of the mitigated area (i.e., (i., interference with the exercise of rights) (i.e., special mitigation) of the punishment] under Article 323 of the relevant Act and Article 323 of the Criminal Act regarding criminal facts, the reason for sentencing [the scope of recommended punishment] was prevented from exercising the right to exercise the right (i.e., January to August) [the decision of sentencing] [the decision of sentencing] the unpaid amount for the victim was KRW 38 million, but the defendant did not directly hold the vehicle at his own initiative, but did not refuse the demand to offer security by D, which is another creditor, and caused the instant crime; (ii) at the time the obligation to D was 15 million won; and (iii) deposit one million won to the victim and reported the location of

However, the victim's damage was substantially recovered;

The points that cannot be seen and others.

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