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(영문) 대구지방법원 포항지원 2015.07.08 2015고단390
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 28, 2013, at the defendant's house located in the north-gu C Apartment 2, 238, the defendant prepared and delivered a loan application for the "on-site loan" to the defendant's Dysta car under the terms of 60 months, 523,483 won per month, and borrowed 26.5 million won from the victim's Hyundai Capital, and on the 30th day of the same month a mortgage was created by setting the mortgagee's value of the secured claim as 26.5 million won, and the mortgagee's interest as the victim, respectively.

Accordingly, on May 13, 2014, the Defendant borrowed 8 million won from E and delivered the said car to E as security while paying only 6 minutes out of the above loan around May 13, 2014, even though the Defendant kept the said car as the object of the mortgage.

Accordingly, the defendant concealed the passenger car, which is the object of the victim's right, so that the location of the car can not be confirmed, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the defendant is aware that he/she has been punished several times, and that he/she has failed to pay damages, but appears to reflect his/her mistake, and some of the loans are paid, and supports children without his/her spouse

1. Social service order under Article 62-2 of the Criminal Act;

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