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(영문) 수원지방법원 2015.10.07 2014고단6619
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2013, the Defendant borrowed 20,000 won from the victim Hyundai Capital Co., Ltd. while purchasing D SPR car at the car Cagency located in Osan-si, Osan-si. The Defendant agreed to pay 436,565 won each month from February 25, 2013 to January 25, 2018, and set up a mortgage on the said vehicle as the mortgagee to secure this.

Nevertheless, in June 2013 to August 2013, the Defendant loaned 9 million won from the employees of the lending company on his name in the street near Pyeongtaek-si store located in 279, and provided the said vehicle as collateral and provided the said vehicle with the location of the vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the provisions of the Acts and subordinate statutes on the claim list, a copy of the application for register of motor vehicles, a copy of the register of motor vehicles, a copy of the protocol of non-delivery of motor vehicles (In Incheon Metropolitan Area Act, 2014

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 (the fact that no special criminal record exists and the victim's damage has been recovered);

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