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(영문) 수원지방법원 여주지원 2018.10.30 2018고단434
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 29, 2016, the Defendant borrowed KRW 21 million from 48 months Hyundai Capital Co., Ltd. to repay principal and interest at an equal interest rate between 23.9% per annum between 48 months and 48 months, and provided the Defendant-owned B rocketing car as security on December 30, 2016 to secure the Defendant’s debt, and provided the Defendant with B rocketing car as “the mortgagee Hyundai Capital Co., Ltd., the mortgagee and the debtor, the debtor, and the bond value of KRW 10.5 million.”

On February 26, 2017, the Defendant borrowed KRW 5 million from a person who was in the name of the Defendant, and offered the said rocketing car as security, and transferred the possession to a person who was in the name of the deceased, making it impossible to know the location of the Defendant. On September 26, 2017, the Defendant interfered with the Victim Company’s exercise of rights against the said rocketing car.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. A contract for acquisition of assets, notice of transfer of claims, certification of details thereof, customer information about the loan of modern capital, register of automobile registration, contract, and statement of bonds;

1. Application of Acts and subordinate statutes to a supplementary statement of complaints filed D;

1. Relevant Article 323 of the Criminal Act, the choice of imprisonment, and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to eight months from the scope of the recommended sentence (unlimited to the penalty);

2. On December 29, 2016, the Defendant: (a) borrowed money from the victim company on or around December 29, 2016 and purchased the said rocketing car; and (b) did not pay the principal and interest to be provided as security on or around February 2017; and (c) the amount of damage, etc. shall be considered to be disadvantageously.

However, a stock company that has succeeded to the rights of the deceased and the victim.

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