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(영문) 광주지방법원 순천지원 2017.10.20 2017고단1610
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2010, the Defendant purchased B-learning passenger cars at the point of Gangseo-gu, 2132 at the Gangseo-gu, Gangseo-gu, Seoul, and borrowed KRW 10,300,000 from the Hyundai Capital Co., Ltd. on the same day, and created a mortgage equivalent to KRW 10,300,000,000 as the mortgagee for the said passenger car.

Nevertheless, on October 201, the Defendant borrowed 4 million won from a credit service provider with no name in the Hong Dong-dong, which was on the street of Gangnam-si, and failed to transfer the said vehicle for the security purpose and to take measures to recover the said vehicle thereafter, and failed to verify the location of the said vehicle.

Accordingly, the Defendant concealed the Defendant’s B-learning car, the object of which was the mortgage of the Hyundai Capital Company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on a copy of loan application;

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 stay of execution (see, e.g., the fact that a considerable amount of installment has been repaid, the amount of damage has not been substantial, and the fact that it is against nature);

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