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(영문) 인천지방법원 2013.10.10 2013고단5543
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2008, the Defendant purchased a passenger car in 2008 SM7 (Motor Vehicle Number B) at the Daegu Seo-dong 483-2 Manosung Motor Vehicle Daegu Office, Seogu, 2008, and paid 25 million won by borrowing from the victim (ju) SM7 (Motor Vehicle Number B) Korea at a 36-month rate, and the same year.

4.3. (We have set up a mortgage on the said car at the bond price of KRW 25 million against the social service Korea S.S. as a security for the said obligation.

After that, on December 14, 2012, the bonds of the social company A.I.D., which occurred to the defendant, were transferred to IMC lending.

However, around April 2008, the defendant borrowed the above car from C to provide it as a collateral and the location of the car is unclear.

Accordingly, the defendant concealed the car owned by the defendant, which was the object of the victim's right, in the above manner, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Complaint;

1. Contract, notification of transfer, and register of automobiles;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles of the Criminal Act: Article 323 (Selection of Imprisonment or Imprisonment)

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., the fact that the defendant both acknowledges the facts charged and reflects the depth thereof, no previous case exists, the amount of damage, etc.);

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