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(영문) 부산지방법원 2018.12.13 2018고정758
권리행사방해
Text

Acquittal of the accused shall be acquitted.

Reasons

[2] The Defendant is a person who makes a trip in the Red Congo, and the Defendant was transferred the Defendant’s claim against the Defendant by the Defendant, a company specializing in the victim Es. S. First Asset-backed Securitization (State).

On January 13, 2011, the Defendant: (a) purchased CFD vehicles in his/her name at the seat of the military branch of a car branch in the Gyeonggi-si; (b) applied for an agreement on vehicle loan in the manner of equal installment repayment from the modern Capital to 48 months; and (c) received a loan of 12.3 million won, and offered the said vehicle as a security for installment payments.

Nevertheless, on January 14, 2011, the Defendant offered the said vehicle as security by lending 6 million won to a lending company called "E in Busan-gu, Busan-gu."

Accordingly, the defendant taken the above vehicle which is the object of the victim's rights and obstructed the exercise of rights.

[Judgment] The crime of interference with the exercise of rights under Article 323 of the Criminal Act is established when a person interferes with the exercise of another person’s rights by taking, concealing, or destroying his/her own goods or special media records, such as electronic records, which are the object of another person’s possession or right. In the instant case, the Defendant provided the said vehicle as collateral and provided it as “taking or concealing the said vehicle” upon borrowing six million won from a lending company.

Therefore, as a matter of principle, the statute of limitations for the instant crime from January 14, 201, is underway, and the statutory penalty of the instant crime is imprisonment for not more than five years or a fine not exceeding seven million won, and the statute of limitations is seven years pursuant to Article 249(1)4 of the Criminal Procedure Act.

According to the records, from around 2001, the transfer of the crime in this case, the defendant has been residing in the Thailand with his family, such as his spouse and his father, and from that time to that time, he can recognize the fact that he has left the Republic of Korea with the Thailand and repeated entry to perform his duties, such as travel guide, etc. in Thailand.

Article 253 (3) of the Criminal Procedure Act provides that "the offender shall be punished."

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