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(영문) 광주지방법원 순천지원 2018.01.25 2017고단2089
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2010, the Defendant purchased the KS5 car under the name of the Defendant at D agency located in C at Faman-si around October 29, 2010, and received a loan of KRW 23 million from the victim Hyundai Capital Co., Ltd. on the same day and established a mortgage of the amount equivalent to KRW 23 million with respect to the said car as the mortgagee around November 1, 2010.

Nevertheless, on August 201, the Defendant borrowed KRW 3 million from the name-free lender in a non-place located in the city of leisure on or around August 201, and failed to transfer the said vehicle for the security purpose and to take measures to recover the said vehicle after taking measures to ensure that the location of the said vehicle is not confirmed.

Accordingly, the defendant concealed the defendant's E-5 car owned by the defendant, which is the object of the mortgage of the victim Hyundai Capital Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. 심사 표( 신차), 자동차등록 원부 등본 초본, 피고인 채권 추심 내역, 원리금 균등 상환 스케쥴 표 법령의 적용

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., confession of and reflect on a crime by the defendant, the fact that the defendant has no record of the same kind of crime, and other difficult economic situation of the defendant);

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