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(영문) 수원지방법원 2016.09.07 2016고단3267
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 27, 2013, the Defendant purchased DMP5 car at Cagency located in Suwon-si, Suwon-si, and received 23.9 million won out of the purchase price of the said car from the Korea Social Services Korea Co., Ltd., Ltd., Ltd., for 36 months in equal installments of principal and interest for 36 months. On April 3, 2013, the Defendant created a mortgage on the said car registered as the Defendant owned by the Defendant as security for the principal and interest of the loan.

While the Defendant used a car that was the object of the mortgage as above, on July 2014, the Defendant borrowed KRW 9 million from a credit service provider under his/her name in Suwon-gu, Suwon-gu, Suwon-si, and had the said car delivered to him/her as a collateral and had his/her location unknown.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of each Act and subordinate statute in the installment financing, loan agreement, and register of automobiles;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of a crime by the defendant, and the fact that the defendant does not want the punishment against the defendant by mutual consent with the victim);

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