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(영문) 대전지방법원 2015.09.09 2015고단1654
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2011, the Defendant borrowed 30 million won from the Victim Capital Co., Ltd. at the office of the Defendant located in Daejeon Jung-gu, Daejeon, and purchased the Dopool car, and on September 16, 201, on September 16, 201, established a mortgage (the bond value of 30 million won) in the name of the victim for the said car.

Nevertheless, around June 2012, the Defendant transferred the said car to the person who was the deceased in the name of the existing creditor in the F apartment parking lot, which is the defendant's residence in Daejeon-gu, Daejeon-gu.

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. Protocol of the police statement concerning G;

1. A letter of domestic arrangement;

1. Original automobile register;

1. Inquiry into the balance of debentures;

1. Documents concerning the decision on auction of HH car;

1. A request for exercise of rights and delivery of mortgaged vehicle;

1. Court rulings 2013Kadan145829:

1. Application of Acts and subordinate statutes to a report on investigation (verification of vehicle location against a suspect);

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 2, 2006) (1)

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