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(영문) 청주지방법원 2015.12.17 2015고단964
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2011, the Defendant purchased the said cargo vehicle from the said cargo vehicle located in Gangdong-gu Seoul Metropolitan Government as the actual owner, and around March 25, 201, set up a right to collateral security equivalent to KRW 62,50,000 of the maximum debt amount around March 25, 201 to the Defendant, the creditor, the Defendant, set up a right to collateral security at around March 25, 201.

After that, the defendant paid eight-yearly installments to the above victim and did not pay the remaining principal and interest of 5,929,524 won. On November 2012, 2012, the defendant provided the above cargo to the borrower as security so that his location can not be confirmed.

Accordingly, the defendant concealed the cargo of the defendant, which was the object of the right to collateral security of the victim, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. A complaint and an agreement on vehicle loan;

1. Application of the register of automobiles statutes

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has committed a crime, and the fact that the criminal defendant has agreed to pay damages to the victim late and late);

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