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(영문) 광주지방법원 순천지원 2017.10.18 2017고단886
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 November 8, 2013, the Defendant borrowed KRW 27,300,000 from Hyundai Capital Co., Ltd. and KRW 7.5% per annum in order to purchase D Launa car in the Hyundai Capital Co., Ltd. around 1, 2013, and set up a mortgage on the bond price of KRW 27,30,00,00 for the said car as the victim on November 11, 2013.

Nevertheless, the Defendant failed to pay installments from July 2014, and at the same time, could not know the name introduced through E at the center of the former North Korean Won and less than the former North Korean Won, thereby hindering the Defendant from exercising the rights of the victim company as the mortgagee by receiving five million won and transferring the said car and concealing it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. An application form for a counseling slip and a book of taking off modern Capitals;

1. Original Register, etc. of automobile registration;

1. Application of statutes, such as peremptory notice to exercise of right to collateral security;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under the main sentence of Article 62-2(1) of the Social Service Order Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. is that a limited company specialized in the first asset-backed securitization is seeking punishment for the defendant who acquired loan claims against the defendant from the victim company.

On the other hand, the fact that the defendant has no record of the same kind, and that the defendant recognizes the crime of this case is favorable.

The punishment as ordered shall be determined in consideration of such circumstances as the defendant's age, health status, family environment, motive and circumstance of the crime, degree of damage, etc.

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