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(영문) 서울북부지방법원 2018.04.11 2017고단4501
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 27, 2013, the Defendant agreed to repay the principal and interest of KRW 797,623 per month in the name of Hyundai Capital in the name of Hyundai Capital Capital, which is located in the first-lane 81, Seongdong-gu Seoul Metropolitan Government Automobile Market, and KRW 21,200,000 in the purchase fund of high-class automobiles in CK 5, and agreed to repay the principal and interest of KRW 797,623 per month in the said car for 36 months.

After that, on November 2013, the Defendant borrowed KRW 3,000,000 from an influent loan company in the name of the nondefluence on the date of November 2013, and provided the said car as security so that it can be distributed to the non-disfluent location. On May 20, 2016, the Hyundai Capital transferred the Defendant’s claim against the Defendant to the limited company with EP E.S. Specialized Asset-backed Securitization.

Accordingly, the Defendant obstructed the exercise of rights by concealing the car owned by the Defendant, which was the object of the right to collateral security of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a supplementary statement of complaints filed D;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (six months to one year] [the decision subject to sentencing] [the decision subject to sentence] Defendant’s age, sexual conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, etc., taking into account the circumstances after the crime, etc.

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