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(영문) 서울중앙지방법원 2015.12.17 2015고단7232
권리행사방해
Text

A defendant shall be punished by imprisonment for 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 April 18, 2008, the Defendant purchased a new passenger car at the victim Hyundai Capital Co., Ltd. located in the Seoul Metropolitan Government Sari-dong 1002-2, and took out a loan of KRW 36.7 million from the victim on April 21, 2008, and set up a mortgage on the said passenger car as collateral for the above loan obligation at the mortgagee's maximum debt amount of KRW 36.7 million.

Therefore, the Defendant borrowed KRW 10 million from the credit service provider who was unaware of the name in Gangnam-gu Seoul Metropolitan Government around May 2009 and delivered the said car to the said credit service provider for the purpose of securing the said car even though the Defendant kept the said car as the object of the mortgage as above.

Accordingly, the defendant, who was the object of victim's rights, concealed the car owned by the defendant to the credit service provider so that its location can not be confirmed, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a copy of the register of automobiles

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 on the suspended execution (i.e., a confession and reflect, a violation of the Punishment of Violences, etc. Act, in 1999, with no other criminal record, except for a fine of 1 million won, and a victim has repaid approximately KRW 14 million out of loans to the victim and has repaid the remaining debts in the future);

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