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(영문) 서울동부지방법원 2015.06.10 2014고단4031
권리행사방해등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 8, 2010, the Defendant purchased CNEW SM5 car at the point of the poles of the Manomo-Pacific Vehicles, and received a loan of KRW 26 million from the social service Korea (ju) that alpha alpha alpha alpha alpha alpha alpha alpha al.

The Defendant agreed to repay the victim 442,027 won per month for 72 months, and registered the victim as the obligee, the Defendant as the obligor, and the maximum debt amount as KRW 26 million with respect to the said car as a collateral.

Nevertheless, the Defendant paid only KRW 4,462,139 until May 23, 201, and did not pay the remainder of the installment, and at around June 201, the Defendant received KRW 10 million from D, who is the seat of the said vehicle, which became the object of the right to collateral security, and delivered it to D, and made D dispose of the said vehicle to a person whose name is unknown, thereby hindering the victim’s exercise of the right by concealing the location of the said vehicle.

2. On May 14, 2012, the Defendant violated the Establishment of Homeland Reserve Forces Act, as the members of the Korean homeland reserve forces Edong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, the Defendant moved his residence from F to another place, and made a move-in report to the competent authority within 14 days, and did not make a move-in report without justifiable grounds, and made the move-in report registered as the resident on May 14, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written accusation;

1. The loan agreement, a copy of the register of automobiles and the ledger of debts;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 323 of the Criminal Act on the crime, and Articles 15 (2) and 6-2 of the Establishment of homeland Reserve Forces Act;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The defendant's assertion against the crime of violating the Establishment of Homeland Reserve Forces Act is abandoned.

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