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(영문) 수원지방법원 안산지원 2016.09.08 2016고단613
권리행사방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 19, 2014, the Defendant applied for a loan of KRW 30,000,000 to the victim Aju Capital Co., Ltd., which is the victim, to purchase a high-class car among CNAS. around March 19, 201.

The terms and conditions of the loan decided to pay the above loans to the defendant equally for the period from May 2, 2014 to April 48, and the security of the above loans and interest thereon was to set up a mortgage on the said automobiles as the mortgagee.

Therefore, the Defendant received a loan from the victim to purchase the said car and registered the ownership transfer of the said car in the name of the Defendant on March 20, 2014, and registered the creation of mortgage with the mortgagee and the bond amount of KRW 15,000,000.

After establishing a mortgage on the said car as above, the Defendant sold the said car to another person in order to repay the said debt to D who previously held monetary claims against the Defendant, and transferred the said car at the F Hospital parking lot located in Seosan-gu, Seosan-si, Seosan-si.

Accordingly, the defendant concealed the vehicle, which is the object of the victim's right, so that the location of the vehicle can not be confirmed, and thereby interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of G;

1. Application of the law on the contents written in D to the police interrogation protocol against the defendant

1. Article 323 of the Criminal Act applicable to the crimes;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (limited to a fine of three million won for a suspended sentence);

1. The reason for sentencing shows some room for the defendant to dispute the crime of this case, and the defendant has agreed with the victim after the prosecution of this case, and the victim also wishes to punish the defendant.

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