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(영문) 부산지방법원 2017.10.20 2017고단3997
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 13, 2013, the Defendant purchased the E (K) 3 passenger cars (hereinafter “instant vehicle”) from the “D office located in Kuju-si, Seoul, in the amount of KRW 25 million. On January 28, 2014, the Defendant borrowed the purchase price of KRW 25 million from the victim Hyundai Capital Co., Ltd. (hereinafter “victim”) around January 28, 2014, borrowed the instant vehicle from the victim’s Hyundai Capital Co., Ltd. (hereinafter “victim”) with a collateral security of KRW 25 million in the value of the claim in the name of the victim company, set up a collateral security right of KRW 25 million in the instant vehicle in the name of the victim company and paid the principal and interest of the loan in equal repayment method on the 20th day of each month, and acquired ownership of the instant vehicle.

While the Defendant paid an installment to the victim company, from July 20, 2014, the Defendant did not pay the principal and interest at all, and was given a loan from the F’s “F” company during the end of August 2017, the Defendant transferred the instant vehicle as collateral and was unable to identify the location of the said vehicle.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the right to collateral security of the victim company, and obstructed the exercise of rights by the victim company

Summary of Evidence

1. Statement by the defendant in court;

1. G documents;

1. Application of Acts and subordinate statutes to the head of a complaint, an installment financing agreement, the ledger of registration of a motor vehicle, the certification of its contents (the chief of a peremptory notice on delivery of a mortgaged motor vehicle), all certificates registered

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] shall interfere with the exercise of rights, and the scope of the compared sentence with the sentencing sentence under Article 62(1) of the same Act, which is the basic area (6-1 year to 1 year) (no person subject to special sentencing): The sentencing range shall be limited to six months to one year (a sentence decision], and the remaining principal of the loan shall be limited to 21,181,043 won, and the victim shall be punished strictly, while there are no criminal records beyond the same kind of criminal records or fine, Article 51 of the Criminal Act, such as the fact that there are no criminal records.

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