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(영문) 서울북부지방법원 2017.12.20 2017고단3552
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 17, 2013, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on May 21, 2013, and the judgment became final and conclusive on May 21, 2013. On May 19, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor at the Jung-gu District Court for fraud, and the judgment became final and conclusive on September 13, 2014.

[ Criminal facts B is a person who actually operates C Co., Ltd. upon the request of the defendant.

On September 30, 201, the Defendant and B, as the doctor of Yeongdeungpo-gu Seoul Metropolitan City, purchased Da, E, sealed vehicles in the name of corporation C in the modern Capital Building, and agreed to borrow 33,200,000 won as the purchase price for vehicles from the victim Hyundai Capital Co., Ltd. in order to receive loans from the victim Hyundai Capital Co., Ltd. in installments for 36 months from that time, and set up a mortgage on the above D-wing vehicle as the mortgagee and the claim value of the E-wing vehicle is KRW 16,50,000, with the victim as the mortgagee, and the claim value is KRW 16,50,000.

After that, the Defendant paid the installment for nine months from the date of the payment of the installment, and concealed two of the above salary vehicles to the credit service provider for the purpose of transferring KRW 16,00,000 to the Dongdaemun-gu Seoul Metropolitan Government, along with B around April 2012 to May, 2012, and then making it difficult for the victim to find the said vehicle.

Accordingly, the Defendant conspiredd with B to interfere with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Examination table, application for each loan, documents related to the transfer of bonds, and all certificates of registration;

1. Original register of each motor vehicle registration;

1. Investigation report (to telephone conversations with a witness F ( complainant));

1. Investigation report [Specialized Party G telephone conversations];

1. Previous convictions in the judgment: References to inquiries, investigation reports (the date of release of the suspect A and attachment of the judgment attached to the case of the suspect A);

1. The relevant Article of the Criminal Act concerning the crime;

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