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(영문) 춘천지방법원 강릉지원 2017.06.13 2017고단398
권리행사방해
Text

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

Reasons

Punishment of the crime

1. On June 13, 2013, the Defendant: (a) obtained a loan of KRW 23 million from the Victim Hyundai Capital Co., Ltd. at the location of the Hyundai Motor Vehicle branch located in Gangseo-si on the condition that 48 months change; (b) thereby, the Defendant set up a right to collateral security of KRW 11,50,000 against the vehicle with respect to the vehicle that he/she purchased on the condition that it would provide the vehicle as security.

Nevertheless, the Defendant failed to pay the principal and interest at all from twice, and at that time, the Defendant transferred a vehicle to the needy and was unable to identify the location of the said vehicle, thereby hindering the victim’s exercise of rights by concealing the vehicle that became the object of the mortgage.

2. On August 16, 2013, the Defendant: (a) obtained a loan of KRW 26 million from the Victim Hyundai Capital Co., Ltd. at the location of the Hyundai Motor Vehicle branch located in Gangseo-si on August 16, 2013 under the condition that it would change from 60 months; (b) thereby, the Defendant set up a right to collateral security of KRW 26 million against the vehicle against the victim in order to provide the CBa car purchased by it as security.

Nevertheless, the Defendant failed to pay the principal and interest at all from one time, and thereafter, the Defendant transferred a vehicle to the needy, and the location of the said vehicle cannot be known, thereby hindering the victim’s exercise of rights by concealing the vehicle that became the object of the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to the accusation, application form to be made by modern capital vehicles, and certified copies and abridged copies of each motor vehicle registration ledger (A);

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

1. The instant crime on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was deemed reasonable, but did not recover damage. The Defendant’s principal and interest from the loan immediately after the loan.

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