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(영문) 대전지방법원 천안지원 2014.04.24 2013고단1679
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

However, 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 December 13, 201, the Defendant provided Dex-sports vehicles as security and provided creditors with Dex-sports vehicles of KRW 22,00,000,00 as vehicle purchase price from EFF Capital Capital (ju) in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Dong-gu, Seoul as of December 13, 201, and created a collateral security right equivalent to KRW 15,400,000 as EF-sports vehicles.

Although the above loan agreement states that "the debtor shall not take any discretionary measure, such as transfer or lease of the relevant motor vehicle, or create a pledge or mortgage, etc., by the time of the completion of the installment as stated in this agreement," the defendant borrowed the above vehicle from E on April 9, 2012 without obtaining the consent of the No. 300,000 Won from the above C, and the "A" of the F indictment, the father of the E, as the father of the above vehicle, was the clerical error of the "F". After changing the name, the above vehicle was delivered to E, and the person in charge of the No. 30 Capital, notified the defendant as if he was using the above vehicle, thereby hindering the victim's exercise of rights by concealing the above vehicle.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each statement of G and E;

1. Application for and agreement of a debate on errors in installment financing, register of automobiles (Evidence No. 4), receipt details inquiry, and application of Acts and subordinate statutes of a copy of a motor vehicle registration certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Du1148

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

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