logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.04 2015고단2272
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 8, 2013, the Defendant borrowed KRW 26.7 million from the Victim Non-Wek Capital Co., Ltd. 33-1, Mapo-gu, Seoul, Mapo-gu, and purchased the horses vehicles at KRW 48 months, and created a mortgage on the said vehicles to the victim company as a security for the said loans.

After paying an installment from October 26, 2013 to the part of September 2013, the Defendant borrowed 5 million won from an unclaimed credit service provider in the vicinity of the Defendant’s residence located in Mapo-gu Seoul Mapo-gu Seoul, and concealed the said vehicle for the purpose of securing the loan, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Written complaint filed by Lee non-man Capital Co., Ltd.;

1. An application for an automobile installment financing error, the register of automobiles;

1. Application of Acts and subordinate statutes to the decision on auction for motor vehicles and the protocol of impossibility of delivery of motor vehicles;

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

1. The sentencing criteria under Article 62 (1) of the Criminal Act (i.e., the repayment of KRW 2,913,795 out of loans, and the fact that the defendant has no record of having been equally punished for the same kind of punishment) [the scope of recommendation] the basic area of obstruction of exercise of rights (i.e., June-1);

arrow