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(영문) 대구지방법원 포항지원 2018.03.16 2017고단1565
권리행사방해
Text

A defendant shall be punished by imprisonment for 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 September 8, 201, the Defendant borrowed KRW 46 million from the Hyundai Capital Co., Ltd., the injured party to purchase the C-FF car at the car shop in Ulsan-si, around September 8, 201, and agreed to repay the loan for the amount of KRW 945,979 each month for 60 months. On the 19th of the same month, the Defendant set up a mortgage (the bond value of KRW 23 million) as the mortgagee against the said car as the collateral for the above loan.

Nevertheless, on September 2013, the Defendant borrowed KRW 10 million from an individual bond company in the name-free zone in Ulsan-gu, Ulsan-gu, Seoul-do and delivered the said car as collateral and made it unclear the location of the vehicle.

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 of the defendant in the first trial record;

1. Statement made by the police against D;

1. An application form for a new job in modern capital;

1. Application of Acts and subordinate statutes of the Motor Vehicle 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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that has no record of punishment, other than the one-time fine

1. The community service order under Article 62-2 of the Criminal Act;

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