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(영문) 수원지방법원 성남지원 2018.11.29 2018고단30
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 8, 2014, the Defendant borrowed 26.5 million won from the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) at a point located in Seongdong-gu Seoul, Seongdong-gu, Seoul, for the purchase of a used car for the Danland D, the Defendant registered the said car in the name of the Defendant on February 10, 2014, and created a right to collateral security of 26.5 million won for the claim value of the victim Co., Ltd. in the future.

However, on April 20, 2014, the Defendant delayed payment from around April 20, 2014, and in 2015, the Defendant made it impossible to identify the location of the vehicle by transferring the said vehicle to a person who was under the name of the deceased (F) who operated the street store of B (hereinafter “F”).

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

Summary of Evidence

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

1. A supplementary statement of the complainant;

1. Application of Acts and subordinate statutes of a contract to a notice of transfer of bonds and acceptance of entrustment, a medium loan application, a motor vehicle registration ledger, a business registration certificate, and an asset transfer;

1. The punishment as ordered shall be determined in light of the relevant Article of the Criminal Act, Article 323 of the Criminal Act, the sentencing of sentence of imprisonment, which has not yet been restored to the present day, and the fact that the whereabouts of the defendant is unknown;

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