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(영문) 대구지방법원 상주지원 2015.10.13 2015고단396
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 April 20, 2010, the Defendant borrowed KRW 24,100,00 on the condition that he/she purchased a B eth-sports car from a two automobile agency located in the Republic of Korea on April 20, 2010 and provided the said car as a collateral to the social company of Korea. On April 22, 2010, the Defendant completed the registration of establishment of a mortgage with respect to the said car as a mortgagee, and on October 30, 2014, the said mortgage was transferred to the victim Tyn Loan Co., Ltd.

However, on February 2013, the defendant, at a time of 2013, borrowed 8 million won from the static-gun of Gangwon-do to the person who was absent from his name, and transferred the said car as security, thereby making it impossible to identify the location of the victim, thereby concealing the object which became the object of the victim's right and obstructing the exercise of his right.

Summary of Evidence

1. The defendant's partial statement (a statement that the passenger car in this case was borrowed 8 million won as security)

1. Some statements made by the police interrogation protocol against the accused (the statement that: (a) the advertisement of the vehicle security advertisement prior to the Gu administration on the Gu administration was made to the male of the middle half of 40 in the Hangland office located in Gangwon-do, while leaving the advertisement for the vehicle security advertisement to the middle half of 8 million won);

1. A supplementary statement of C (around December 17, 2012, KRW 6,794,160, out of loans to the defendant to the defendant, was repaid until December 17, 2012, but the payment was suspended thereafter, and the defendant attempted to make a telephone and visited the defendant's residence, but the defendant's whereabouts could not be known, and the location of the motor vehicle of this case could not be confirmed;

1. A new installment financing agreement (to be extended as described in the judgment of the defendant);

1. The register of motor vehicles (the defendant acquires the ownership of the motor vehicle in this case on April 22, 2010 and establishes a mortgage on the same day)

1. The highest order of November 24, 2014 regarding the exercise of the right to collateral security against automobiles, and the Defendant’s highest order of November 24, 2014, demanding that the automobiles in this case be sold by auction or voluntarily collected for reasons of delay in payment.

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