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(영문) 울산지방법원 2019.01.24 2018고단2009 (1)
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around June 15, 2010, the Defendant purchased a secondhand car from D in Seocho-gu Seoul Metropolitan Government, and took out KRW 28,000,000 from F Co., Ltd. with a loan of KRW 28,00,000 from F Co., Ltd., and held a mortgage of KRW 28,00,000 on the said car, and the said bonds and mortgages were transferred to G Co., Ltd. around May 20, 2016.

Nevertheless, on October 2017, the defendant requested the scrapping of the above E-car at a non-permanent area below Ulsan, and accordingly, the above E-car was scrapped on April 20, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement on complaint, supplement of complaint and statement;

1. Examination table, application for loans, certificate of automobile transfer, assignment of claims, and notification of acceptance of entrustment;

1. A certificate of automobile cancellation registration;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for reference H);

1. Article 323 of the relevant Article of the Criminal Code for the crime provides that the sentence identical to the order shall be determined by comprehensively taking into account the following factors: (a) the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc.; and (b) the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances after the crime, etc.

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