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(영문) 의정부지방법원 2014.10.13 2014고단1976
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 April 12, 2007, the Defendant borrowed 25 million won from the above victim Aju Capital Co., Ltd. office located in Seo-gu Daejeon, Seo-gu, Daejeon, with a loan of 25 million won from the above victim, and decided to set up a collateral security on the said passenger car, and pay 12.5 million won out of the above loan at an installment for 36 months. The Defendant decided to repay the remainder 12.5 million won after 36 months.

Nevertheless, on July 2008, the Defendant did not repay installment payments from C building 307 at the time of the Gyeonggi-do, and transferred the said car to D as an individual debt repayment, which was the subject of another person’s right, without paying the installment payments from C building 307 at the time of the Namyang-gu, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the provisions of Acts and subordinate statutes of the substitute loan agreement, copy of bond transfer and takeover contract, copy of asset transfer and takeover contract, and register of automobiles;

1. Relevant Article 323 of the Criminal Act and Article 323 (Obstruction of Exercise of Rights) of the Criminal Act and the choice of imprisonment with prison labor;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the defendant is attempting to commit a crime, the victim does not wish to punish the defendant by agreement, the benefits from the crime of this case, and the circumstances of the crime, etc.).

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