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(영문) 서울동부지방법원 2015.10.21 2015고단1638
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 June 5, 2013, the Defendant purchased about KRW 23,386,00 from 13,300 to 23,386,000 at the Sungdong-gu Sungdong-gu Sungdong-gu's Sungsung Motor Vehicle SM5 car business, and received a loan of KRW 23,00,000 from the social service Korea (ju) that was created by the victim Alchisa, I paid the price for the said car, and set up a mortgage over KRW 11,50,000 at the passenger car as the victim, the mortgagee and the debtor as the Defendant.

Nevertheless, on November 2013, the Defendant rendered it difficult to find the location of the car because it provided the above car owned by the Defendant as collateral to the bond company with the above car owned by the Defendant at the closed area of Dongdaemun-gu Seoul, Dongdaemun-gu (Seoul, Dongdaemun-gu) and did not notify the victim of such fact and the contact address of the bond company.

Accordingly, the defendant concealed a passenger car which is the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as the register of automobiles, installment financing and loan agreement;

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

1. Article 62 (1) of the Criminal Act;

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