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(영문) 인천지방법원 2019.06.19 2019고단1843
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On March 9, 2017, the Defendant purchased a passenger car B Ecoo SV380 in the name of the Defendant, and received a loan of KRW 27,000,000 from the victim C Co., Ltd., and paid the price for the said car, and made a mortgage on the said car to the damaged company, mortgager, and debtor as the Defendant, with the amount of claim KRW 27,00,000,000.

Nevertheless, on January 15, 2018, the Defendant borrowed KRW 15,000,00 from D from a non-permanent place, and made it considerably difficult to grasp the location of the said car by providing D with the said Ecoo car as security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the right of the damaged company, and obstructed the exercise of the right of the damaged company

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (in case of impossibility of identifying the location of an automobile);

1. An application for motor vehicle financial instruments;

1. Application of the register of automobiles statutes

1. Although the pertinent Article of the Criminal Act and Article 323 (Selection of Imprisonment) of the Criminal Act were not limited to the scope of damage caused by the instant crime, the injured company has not been fully recovered from damage up to now. As such, the Defendant shall be sentenced to punishment corresponding to the nature of the crime and the circumstances.

However, the defendant is sentenced to the same punishment as the order in consideration of the fact that he/she has no record of punishment exceeding a fine in the past and is against his/her mistake.

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