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(영문) 전주지방법원 2018.10.05 2018고단1192
권리행사방해
Text

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

Reasons

Punishment of the crime

On January 18, 2018, the Defendant was sentenced to 13 years of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Jeonju District Court (special rape) and the judgment became final and conclusive on September 13, 2018.

On May 26, 2017, the Defendant: (a) borrowed KRW 188,80,000 from the victim KB Capital Co., Ltd. in order to raise the purchase price of a vehicle when purchasing Bran vehicle in the non-displacement used cars in Daejeon, and (b) decided to pay the loan amounting to KRW 531,834 per month for 48 months; and (c) on May 30, 2017, the Defendant registered a mortgage-mortgage of KRW 9,40,000,000 as the mortgagee on the said vehicle as collateral.

Nevertheless, around August 7, 2017, the Defendant: (a) visited C at the Jeonsan-dong 3, 2017, which was located in the Jeonsan-dong 99, and asked C to sell the said vehicle to prepare for defense expenses; (b) on September 9, 2017, C sold the said vehicle to the Buddhist person; and (c) received four million won from C, and prevented the victim company from searching the said vehicle, thereby hindering the exercise of rights by concealing its own goods that became the object of another’s rights.

Summary of Evidence

A defendant's legal statement accusation statement statement, agreement on middle and high-speed debate, details of principal and interest, decision (D), decision on non-delivery of motor vehicle, register of motor vehicle registration, and previous records of judgment in the copy of passbook: Application of statutes on judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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