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(영문) 서울남부지방법원 2018.06.15 2018고단1461
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of a 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 February 27, 2012, the Defendant entered into an installment financing agreement with the victim E Co., Ltd. to purchase DK5 cars at the office of “C” located in “C” located in “C” in Seoul Special Self-Governing Province.

The terms and conditions of the above Arrangement shall be 28,00,000 won, interest rate of 6.8% in installments, and 48 months in installments. The victim set up a collateral security on the said car to secure repayment of the above loan on March 7, 2012.

However, around March 18, 2013, the Defendant borrowed KRW 5,000,00 from the “H” office located in the Gangseo-gu Seoul Metropolitan Government F Building G, and delivered the said car to the employees of the lending company under the name of the Defendant.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Computer screen for overdue bonds;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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., Article 62 (1) of the Criminal Act that has no record of punishment for the same kind of crime);

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