logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.03 2017고단6213
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On January 14, 2015, the Defendant: (a) obtained a loan of KRW 26,800,000 from the victim Hyundai Capital Co., Ltd. with the purchase price of the said vehicle as security; (b) agreed to repay the said loan in installments on the terms of annual interest rate of KRW 6.9% and monthly repayment of KRW 826,281 for 36 months; and (c) on January 19, 2015, the Defendant set up a right to collateral security for the said vehicle to the victim as security for the said debt amount of KRW 18,760,000 for the said vehicle.

After February 2015, the Defendant was informed of the fact at a place where it is unknown on February 2015

C delivered the said car for the purpose of securing the obligation of the amount of 20,000,000 won to C, and made it impossible to secure its location.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. An application form for a new loan of modern capital frame, an output of the screen for inquiry into trade orders, a notice of assignment and acceptance of claims, an abstract of the resident registration card, a certified copy or abstract of the motor vehicle registration ledger (A), and a peremptory notice on the exercise of a vehicle-mortgage;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

arrow