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(영문) 서울동부지방법원 2015.03.04 2014고단3868
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 August 16, 2013, at the defendant's office located in the second floor in Gangdong-gu Seoul Metropolitan Government 201, the defendant borrowed 38.9 million won from the victim Aju Capital Co., Ltd. under the conditions of repayment for 60 months, and the defendant created a mortgage on the victim's company with the amount of 19.45 million won, which is 50% of the above loan amount, as the bond amount.

Around November 2013, the Defendant failed to repay the amount equivalent to KRW 36,184,541 out of the above loans to the victim company without the consent of the victim company, but the Defendant borrowed KRW 10 million from D with a certificate of personal seal impression, and delivered the said car to D with a certificate, thereby making it impossible for the victim company to grasp the location of the said car, thereby preventing the use of the mortgage.

As such, the Defendant concealed his own car, which is the object of the mortgage of the victim company, thereby hindering the exercise of mortgage by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Automobile register;

1. An application for loan;

1. Application of Acts and subordinate statutes to the highest place for exercising mortgage rights;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Calculation into the fact that there is no record of punishment other than the reflectivity, the fact that there is no record of punishment, the fact that one million won is deposited for the victim, the value of collateral security claims, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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