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(영문) 인천지방법원 2018.11.06 2018고단7002
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

On December 16, 2014, the Defendant purchased the passenger car BK7 through Sinsan, and extended KRW 29,60,000,000 on the condition that 473,248 won shall be paid in installments each month between 48 months and 48 months, and set up a mortgage with KRW 14,80,000,00 on January 16, 2015 as the collateral obligation and as the mortgagee to the said car, and the victim and the L&C C&P loan settlement agreement acquired the claim against the Defendant on September 11, 2017, and completed the registration of transfer from the Hyundai L&F resolution company on December 21, 2017.

While the Defendant did not pay the agreed installments to the victim, on 2016, borrowed 4 million won from the credit service provider in the name of the name of the credit service provider introduced by the Defendant around 2016, and delivered the said K7 car.

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. Statement by the defendant in court;

1. Written statements of D;

1. Complaint;

1. Notice of transfer of bonds, contract of transfer of assets, inquiry of the loan ledger, application of Acts and subordinate statutes of the Automobile Registration Register;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 6 months to 1 year) in the basic area (i.e., interference with exercise of rights) (i., six months to 1 year) (i.e., a person subject to special sentencing) (see, e., Supreme Court Decision 2009Da1448, Apr. 1, 200).

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