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(영문) 서울남부지방법원 2017.04.26 2016고단2367
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 20, 201, the Defendant was sentenced to imprisonment for one year and ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on September 20, 201, and completed the execution of the sentence at Daejeon Prison on April 17, 2013.

On July 10, 2013, the Defendant: (a) purchased D New Car from the C Office located in Seongbuk-gu, Daejeon Metropolitan City U.S., and took out a loan of KRW 17,100,000 from the Korea Social Co., Ltd. (hereinafter “KF Capital Co., Ltd.”) to cover the vehicle price; and (b) set up a collateral security under the name of Korea Social Co., Ltd. on the 11th of the same month with respect to the said vehicle; (c) around August 2014, the Defendant arbitrarily transferred the said vehicle to the person without his/her name, thereby making it impossible to identify the location of the said vehicle.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of the security right of others, and interfered with the exercise of others.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. The original register of new car registration of D such D;

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions and reporting of the results thereof, and applying Acts and subordinate statutes concerning personal identification;

1. Article 323 of the Criminal Act concerning the crime;

1. Imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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