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(영문) 수원지방법원 안양지원 2016.11.02 2016고단913
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[Criminal Power] On January 29, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months and fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Seoul High Court, and the said judgment became final and conclusive on May 24, 2016.

【Criminal Facts】

On November 28, 2012, the Defendant borrowed KRW 45 million from the Plaintiff’s Puju Capital Co., Ltd. to redeem the principal and interest of KRW 1,58,878 each month, and purchased KRW 45 million from the Defendant’s Puju Capital Co., Ltd. on condition that the principal and interest shall be repaid in equal installments, and around November 30, 2012, the Defendant made the mortgagee as the victim on the foregoing vehicle as the victim on November 30, 2012, and set up a collateral security right with a claim amount of KRW 31,50,000.

After paying 5,120,492 won of the above vehicle, the defendant was unable to pay the above vehicle more, and was urged by the victim company. On August 5, 2014, the defendant lent the above vehicle to F at an irregular place and made it impossible to discover the location of the above vehicle.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's statement concerning the F;

1. The police statement concerning G;

1. A criminal investigation report (a summary of hearing on record of meeting of a correctional institution), a criminal investigation report (to hear statements by telephone from an employee of a capital company);

1. The register of automobiles (No. 9 No. 136);

1. The president of the debtor, and a copy of a written application and a copy of each written contract with the director of the debtor;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The details and methods of the crime of sentencing under the latter part of Article 37, Article 39(1) of the Criminal Act, and the circumstances before and after the crime are committed shall be poor and the amount of damage shall be the amount of damage.

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