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(영문) 인천지방법원 2016.08.31 2015고단5456
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 25, 2014, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution on August 2, 2014 for a violation of the Illegal Check Control Act in the Vice-Support of the Incheon District Court.

[2] On September 16, 2013, the Defendant: (a) purchased the victim JB Republic of Korea Branch of Gangseo-gu Seoul, Gangseo-gu, Seoul; (b) borrowed KRW 12,000,000 from the victim company for the purchase of vehicles from the victim company; and (c) on the same day, set up a collateral security right at the claim price of KRW 6,00,000, with regard to the above vehicle as security for the above loan obligation.

Since then, around August 11, 2014, the Defendant was notified by the victim company of the loss of benefit due to the failure to repay the loan debt, and the court decided to commence an auction on December 11, 2014. However, around that time, the Defendant provided the above vehicle to C as a collateral for separate obligations.

Accordingly, the defendant concealed his own property, which was the object of the victim company's right, and obstructed the victim company's exercise of right.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. An automobile installment financing agreement;

1. Original Register of Automobile Registration;

1. Statement of impossibility of delivering an automobile;

1. Text of decision;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Article 323 of the Criminal Act applicable to the crimes;

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