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(영문) 인천지방법원 2015.06.11 2015고단2246
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On November 25, 2013, the Defendant purchased an EMF7 car from the “DF” located in the Seoul Southern-gu Incheon Metropolitan City Building 211, and registered it in its own name, and received a loan from the victim Aju Capital Co., Ltd. on the condition that he would pay 15 million won to the victim Aju Capital Co., Ltd. at the annual interest rate of 17.90%, including 36 months, and on the 28th of the same month, the Defendant set up a collateral security right of 7.5 million won for the said car under the victim’s name.

On December 31, 2013, the Defendant borrowed KRW 8 million from a credit service provider on the name-free place in the area of a party branch in Sungnam-si, and delivered the said car to the credit service provider as collateral.

Accordingly, the defendant concealed the goods of the defendant, 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 police statement concerning F;

1. Application for loan, register of automobiles, details of receipt of principal and interest, and application of Acts and subordinate statutes;

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 (including the fact that a person has repaid a loan of approximately KRW 6,130,000 for a year and deposited KRW 2,087,00 for the victim, the first offender, and the claim value of the right to collateral security, etc.);

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