logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.11.16 2017고단3386
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant obtained a loan of KRW 26,00,00 on the terms of annual interest rate of 21%, repayment period of KRW 36 months, monthly installments of KRW 979,552 from Hyundai Capital Co., Ltd., and the Defendant created a right to collateral security on the first car owned by the Defendant.

The Defendant paid a total of KRW 9,934,078 by December 8, 2011, and paid an installment of KRW 9,934,078 from January 5, 201 to a bond business operator who was unable to know his/her name on January 5, 2012, and transferred the said car as a collateral to the bond business operator who was unable to know his/her name on January 5, 201, and prevented the victim C limited liability company, who received the loan claims, etc. against the Defendant from the said Hyundai Capital Co., Ltd. from the said Hyundai Capital Co., Ltd., from

Accordingly, the defendant concealed the above vehicle which was the object of the victim company's rights and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Complaint;

1. Application of investigation reports (specific report on the amount of damage caused by the complainants), payment status, outputs, etc., examination table, application for goods of Hyundai Capital, notice of transfer of claims and acceptance of entrustment, certified copies and abstracts of the register of motor vehicle registration, business registration certificate, standard terms and conditions of credit transaction, and maximum Acts and subordinate statutes governing the exercise of mortgage rights;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions of various sentencing as shown in the instant arguments shall be comprehensively considered and determined as ordered.

An unfavorable normal condition: A vehicle purchased by a loan to another person to cause a substantial damage to the victim company; the vehicle has not yet been identified; and the favorable circumstances that are favorable to the failure to recover the damage: A person has no previous record of the same kind.

arrow