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(영문) 인천지방법원 2015.06.11 2015고단1367
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant borrowed KRW 60,000 from the Victim's Capital Co., Ltd. to purchase CJEP vehicles from the Bag Capital Co., Ltd., and agreed to pay KRW 1,286,660 per month for 60 months from June 20, 2013. On May 28, 2013, the Defendant set up a collateral security on the said vehicle as a mortgagee on the said loan.

Nevertheless, on November 15, 2013, the Defendant borrowed KRW 16 million from D, a lending company, and delivered the said vehicle as collateral.

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. Defendant's legal statement;

1. Statement to E by the police;

1. Application for installment, register of automobiles, notification of the highest, and application of Acts and subordinate statutes concerning the receipt of interest and interest in installments;

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 (including the absence of previous convictions for the same offense, and the point agreed with the victim);

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