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(영문) 수원지방법원 2018.04.17 2017고단8095
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On March 22, 2013, the Defendant purchased a rocketing D car at a store located in Pyeongtaek-si B, and borrowed KRW 22,40,000,000 from Hyundai Capital Co., Ltd. for a contract period of 60 months and interest rate of 9.9%. On the same day, the Defendant created a separate mortgage by setting the mortgagee as the Defendant, as the Hyundai Capital Co., Ltd., a mortgagee, a mortgagee, and a debtor as the Defendant, as the bond value of KRW 22,40,000,000. On May 20, 2016, the Defendant acquired the above credit and mortgage against the Defendant from Hyundai Capital Co., Ltd.

On September 2013, the Defendant, in the middle of Pyeongtaek-si, set up the key of the said car and the vehicle key to the person who was unable to know his name in the 3-lane 29 market at Pyeongtaek-si, among the Eup located in Pyeongtaek-si, with the aim of securing the debt equivalent to KRW 8 million of E.

As a result, the defendant concealed his own property which was the object of another person's right or possession, thereby hindering the exercise of the victim's right.

1. Statement by the defendant in court;

1. A written statement;

1. The notification of receipt and processing of an application for registration of transfer, etc. of assets, business registration certificate, asset transfer agreement, loan application, inquiry of transaction order, certificate of employment, opinion of a person in charge of request for exception, certificate of seal impression, consultation card, notice of transfer of claims, public notice of transfer of claims, notification of transfer of claims, peremptory notice on the exercise of automobile mortgage, mail delivery details, notification of payment by the defendant, notification of payment by the defendant to the defendant, details of delivery of payment order and seizure

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is divided into and reflected in the crime of this case.

At the time of the defendant's nameless person.

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