logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.18 2016고단8202
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant purchased a e-mail vehicle from the Dawon Center located in Suwon-si C6th, Suwon-si, with a loan amount of KRW 18 million, KRW 60,000,000 per annum, and KRW 15.9% per annum, the Defendant concluded a loan agreement for installment financing loan with the victim F, and established a right to collateral security of KRW 10,80,000,000 to the said vehicle. On September 25, 2013, the Defendant purchased a 64,000,000,000,000 won of loans from the damaged company at the same place, and concluded a loan agreement for the vehicle loan with the victim at the rate of KRW 60,000,000,000,000,000 per annum 60,000,000,000.

On May 30, 2015, the Defendant transferred two of the above vehicles to H as debt repayment to the obligee without any notice on the transfer of the vehicle, in the event that KRW 33,968,231 of the principal of the loan was unpaid in the amount of KRW 12,537,782 of the loan and KRW 33,968,231 of the principal of the loan to the obligee of the vehicle used for the end-of-life vehicles of this E, the Defendant transferred the above vehicle to H as debt repayment without any notice on the transfer of the vehicle to the obligee.

Accordingly, the Defendant concealed two vehicles owned by the Defendant, which are the object of the victim company's rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made to I by the police;

1. A written agreement on application for an application for discussion on motor vehicle traffic, the original register of motor vehicle registration, a protocol of impossibility of delivery of a motor vehicle, details of receipt, and a notice of loss of time limit for payment;

1. Application of Acts and subordinate statutes to loan certificates, registration certificates, applications for registration of transfer, and certificates of transfer of automobiles;

1. Article 323 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 62(1) of the Criminal Act (the following factors are considered as favorable among the reasons for sentencing) is in line with the suspended sentence.

arrow