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(영문) 대전지방법원 2014.06.02 2013고단4629
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 December 17, 2012, the Defendant purchased a DJ car at Gangnam-gu Seoul Metropolitan Government, and took out a loan of KRW 29,500,000 from the victim Aju Capital Co., Ltd. for the purpose of the vehicle purchase price in installments for 36 months on a condition that it would be repaid in installments. On December 20, 2012, the Defendant set up a collateral security right with a claim value of KRW 2,065,00 in the said car as security.

Since then, the Defendant did not pay any more installment when he repaid the above obligation for three months, and the Victim Company received the “order to Deliver the said car prior to the application for auction” from the Daejeon District Court Branch on July 10, 2013 in order to enforce the above right to collateral security, and the employee in charge of executing the above order to execute the above order on the 19th of the same month, along with the execution officer, visited the Defendant’s residence on the 19th of the same month, but the Defendant was unable to conceal the said car on the street and execute the above order.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of prosecutorial statement concerning E;

1. A complaint (including each accompanying document);

1. Application of Acts and subordinate statutes to a copy of a peremptory notice and a copy of registration inquiry about the exercise of mortgage;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the full agreement with the victim);

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