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(영문) 대구지방법원 포항지원 2018.03.16 2017고단1433
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around January 21, 2015, the Defendant purchased one set of B-learning passenger cars in the name of the Defendant, and received a loan from the Defendant Hyundai Capital Co., Ltd. to the said passenger car in the amount of KRW 8,500,000 from the victim Hyundai Capital Co., Ltd., and made a written agreement on a loan under the condition that the loan shall be repaid by dividing the amount of KRW 315,458 each month from January 21, 2015 to January 21, 2018, and created a collateral security right with the victim company as collateral amount of KRW 5,950,000 each month from January 21, 2015 to January 21, 2018.

The Defendant received KRW 1,80,000 from the victim company to transfer the said vehicle to the lender of the non-named vehicle who did not verify all his/her personal information at the location of the Incheon City (hereinafter referred to as “SB”) on February 2, 2015, and received KRW 1,80,000 from the victim company, thereby hindering the victim’s exercise of rights by concealing the Defendant’s property that was the object of the right to collateral security.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. C’s statement;

1. Complaint;

1. An application for an examination table, modern loan loan, etc.;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Article 62 (1) of the Criminal Act ( Taking into account all sorts of factors of sentencing, including the amount of damage, age, economic situation, environment, and criminal record);

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