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(영문) 인천지방법원 2013.08.08 2013고단2743
권리행사방해
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On October 31, 2012, the Defendant: (a) borrowed KRW 10,00,000 from the Gagn Capital Co., Ltd. to purchase the vehicle of 173-203,00,000 from the Gagn Capital Co., Ltd. office located in the Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon; and (b) agreed to pay the loan in installments of KRW 548,370 each twenty-four installments each month; and (c) on security of November 2, 2012, the Defendant was obliged to keep the said vehicle at the bond value of KRW 7,00,000,000, which was the object of the said mortgage.

Nevertheless, on November 2012, the Defendant provided a loan to the victim only once, but did not pay the remainder of the principal and interest of the loan at all, and concealed the location of the above vehicle as collateral for the purpose of securing the liability of KRW 6,00,000,000, which was borne by the Defendant at the Seocho-gu Incheon Metropolitan City on November 1, 2012.

Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

2. The crime of interference with the exercise of right is established when a person actually occupies another person or when a person takes, conceals, or destroys his/her own property which is the object of another person's right, and even if it becomes the object of security, it cannot be said that the person uses the property within a reasonable scope, such as the general use of his/her own vehicle or the provision of additional security. In particular, in order to establish a concealment act, it is necessary to place the above things in a situation where it is impossible or considerably difficult to identify the location of

However, it is not enough to recognize that each evidence submitted by the prosecutor alone had a criminal defendant's act of hiding and a criminal intent of hiding.

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