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(영문) 광주지방법원 2013.11.14 2013고단4712
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 28, 2010, the Defendant entered into a contract for installment payments on a vehicle with the purport that “the Defendant would receive a loan of KRW 27,000,000 to the principal of the vehicle for QM5 vehicle from the injured Party Alphysa Co., Ltd. to the interest rate of KRW 6.9% per annum and repay the principal and interest to the 60-month unit” at the uphan Motor Vehicle Burial located in Seo-dong, Seo-gu, Seo-gu, Gwangju. On June 28, 2010, the Defendant: (a) entered into a contract for installment loans on a vehicle with the content that “the Defendant would receive a loan of KRW 27,00,000 from the injured Party Alphysa Co., Ltd. to the interest rate of KRW 6.9% per annum; and (b) established a collateral security on the same day

Since then, the Defendant received a request from the Defendant-friendly D to leave the said car as a collateral to a non-performing lender and accepted the request to grant a loan from the Defendant-friendly D around the time of Gwangju, 2010, and thereby, the Defendant delivered the said car to a non-performing lender via D, thereby making it impossible or considerably difficult to discover the location of the vehicle, thereby concealing it.

Accordingly, the defendant conspired with D to conceal his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against E;

1. Statement made by the police officer on F;

1. Application of respective Acts and subordinate statutes to each item of installment financing and loan agreement, power of attorney, promissory note, notice of transfer, asset sales contract, certificate of transfer, details of deposit, each register of automobiles, details of discrimination in attached payments, current status of transfer in preparation

1. Relevant Articles of the Criminal Act and Articles 323 and 30 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration to the fact that the injured party is not subject to the punishment of the accused and does not have any previous error to the accused);

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