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(영문) 수원지방법원 2014.06.11 2012고단6306
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Attachment] On December 2, 2009, the Defendant was sentenced to 10 months of imprisonment by larceny, etc. at the Suwon District Court, and was released on June 30, 2010 in the Suwon Detention House and passed on August 19, 2010 during the execution of the sentence.

【Criminal Facts】

The Defendant, around April 4, 2012, purchased one of the used vehicles from the Seoul Western branch of Gangnam-gu Seoul Western District Office B 201 in 2011, agreed not to arbitrarily dispose of the vehicle, which is the purchased goods, without the consent of the victim, until the Defendant fulfilled its monetary obligation under the installment financing agreement, by taking out a loan of KRW 21 million from the victim Korean Capital Capital to pay it over 36 months, and the Defendant agreed not to arbitrarily dispose of the vehicle, which is the purchased goods, by transferring, lending, or establishing a pledge, etc.

4. 17. The mortgagee set up a mortgage on the amount of 14.7 million won of the claim and the amount of 14.7 million won.

Nevertheless, on October 8, 2012, when the Defendant did not pay the remainder of KRW 19,124,032, the Defendant was unable to identify the location of the vehicle and caused the Defendant to be unable to deliver the vehicle by the victim’s executive title, thereby concealing the vehicle that became the object of the victim’s mortgage and interfere with the Defendant’s exercise of rights.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. A complaint book, written agreement on application for a debate on automobile installment financing, details of receipt in comparison with the plan, the register of automobiles (A), and protocol of impossibility of delivery of automobiles;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. (A), investigation reports (report on confirmation before and after the disposition, report on confirmation of the date of release);

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

1. Article 35 of the Criminal Act among repeated crimes;

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