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(영문) 인천지방법원 부천지원 2017.07.14 2016고단3395
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2014, the Defendant borrowed KRW 20,600,000 from the Hyundai Capital Capital Co., Ltd. to purchase CK3 vehicles in terms of automobile ordinary housing sites in Pyeongtaek-si and set up a collateral security right of KRW 4,120,00 for the said automobiles owned by the Defendant as a security.

Nevertheless, around May 20, 2016, the Defendant demanded that the victim Echip Co., Ltd., which was transferred the Defendant’s claim against the Defendant, and the limited company specialized in the asset-backed securitization was required to discharge the Defendant’s obligation. On September 20, 2016, the Defendant provided the said passenger car as collateral to the non-fash owner at an amount of KRW 700,000 and concealed the said car.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement to criminal complaints;

1. Complaint;

1. Application of maximum mail, consultation sheet, contract, etc., notification of transfer of claims and acceptance of entrustment, automobile registration ledger, and visiting Acts and subordinate statutes to the exercise of right to collateral security against automobiles;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant concealed a motor vehicle provided as a security for an obligation; the nature of the crime is not good; it is not agreed with the victim; circumstances favorable to the escape after the investigation is conducted: Recognition of and reflects the crime; the amount of damage is relatively little; the primary offender is the primary offender; and the various sentencing conditions indicated in the theory of the records and changes, such as the motive and background of the crime; the means of the crime; the circumstances after the crime; family relationship, etc., shall be determined as per the order.

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