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(영문) 부산지방법원 서부지원 2018.08.10 2018고단457
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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 November 13, 2015, the Defendant extended a loan to the D Office located in the Busan Northern-gu, Busan, on condition that KRW 35 million shall be repaid from the victim JB Ga Co., Ltd. in KRW 1,008,116 (Provided, That the first vehicle shall be KRW 920,336) each month for 48 months, and around November 16, 2015, the Defendant set up a collateral security right of KRW 17,50,000 for the said vehicle owned by the victim’s name for the purpose of securing the above obligation.

After that, on April 2016, the Defendant borrowed KRW 4 million from F from F to F at the bottom of the Busan Seo-gu, Busan, and issued the said car as a collateral, and was unable to repay debts at the end of the end of 2016, the Defendant, knowing that the said passenger vehicle, which is a collateral, could be a substitute for the name of the vehicle, was sold and sold, thereby making the said F dispose of the said vehicle, which is a collateral, to the name of the non-party, by having the said F dispose of the said vehicle to the non-party.

Accordingly, the defendant concealed his own property which is the object of the right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application for a second and second discussion, registration certificate, notification of loss of time limit, application of credit information-related Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Type 1 (Interference with Exercise of Rights) (including a person who has been specially mitigated) area of mitigation (one month to eight months) (including a serious effort to recover damage), which is not subject to punishment (including a serious effort to recover damage);

2. According to the sentence, the instant crime was committed by the Defendant at will, by allowing the Defendant to dispose of the vehicle on which the right to collateral security was established, thereby obstructing the exercise of the rights by the victim, and the amount of the loan, etc. is not minor.

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