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(영문) 대구지방법원 경주지원 2018.12.19 2018고단401
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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 August 22, 2014, the Defendant entered into a loan agreement with Hyundai Capital and loans of 32 million won, annual interest rate of 17.4%, 1,147,268 won in installments between 36 months and 36 months until August 22, 2017, as security for the above loan, by means of payment of principal and interest between 36 months and 36 months. A mortgage agreement was created between 16 million won and 16 million won as security for the above loan and the mortgagee modern Capital.

However, on December 2014, the Defendant offered the said vehicle as security by borrowing KRW 11 million from D at a place in the end of the end of the week, and concealed the said vehicle in a manner that, from March 10, 2016, the Defendant was not informed of the location of the said vehicle without paying the said installment from March 10, 2016 to avoid contact with the victim.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the complainant and complainant;

1. A written application for a loan from modern capital, an automobile registration certificate, and the original register of automobile registration;

1. Application of Acts and subordinate statutes to investigation reports (other than the instant case and D counter investigation);

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;

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