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(영문) 서울동부지방법원 2014.10.01 2014고단2132
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 22, 2011, the Defendant entered into an agreement to borrow KRW 11,00,000 from the victim capital in the used car trading company in Gangnam-gu Seoul, Seoul, by borrowing KRW 11,00,000 from the victim capital, and purchased the Fpoter 2 freezing from the money and transferred the registration under the name of the Defendant on December 27, 201.

The contents of the above Otop agreement were 36 months for the lending period, and the installments to be paid each month were 442,610 won, and the mortgage was created between the freezing tower and the mortgagee as the victim.

On December 27, 2011, the Defendant established a separate mortgage (No. B. G) with the mortgagee as the victim and with the claim value of KRW 7.7 million on the freezing on the freezing tower on the basis of the Oraltour Agreement. For five months, the Defendant paid the victim the amount of KRW 442,610 each month, but the Defendant was unable to pay the installment from June 20, 2012.

However, from October 2012, the Defendant changed the cell phone number without contact with the victim, and stored the freezing board at a place where it is impossible to identify the crypted vehicle without contact with the victim.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. The police statement of H;

1. A written application for a loan statement and a statement of intent to open the bank;

1. A sales contract, an automobile registration certificate, or the register of automobiles;

1. Peremptory notice and domestic registration/explosion inquiry into the exercise of a right to collateral security for automobiles;

1. An investigation report (Submission of a written complaint representative and an inquiry into a telephone subscriber);

1. A copy of the currency;

1. Application of Acts and subordinate statutes on mobile phone accession;

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

1. Article 62 (1) of the Criminal Act (it shall be taken into account, such as the fact that the payment has not been made but is made, the fact that the payment has been made, and the fact that the person has no previous record

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