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(영문) 광주지방법원 2018.11.30 2018고단3098
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 23, 2013, the Defendant purchased B rocketing vehicles, and obtained a loan of KRW 20 million from the victim company at the location of Gwangju Northern Capital Co., Ltd. located in Gwangju Northern-dong (the repayment agreement at KRW 36 months, monthly 752,475), and around November 1, 2013, the Defendant created a mortgage against the victim company at the value of bonds at KRW 20 million on the above vehicle.

Nevertheless, when the Defendant failed to repay the principal and interest in arrears of the loan on January 2014, the Defendant transferred the said vehicle as security by borrowing KRW 4.5 million from a person in a name-free circumstance, and made it impossible for the Defendant to grasp the location of the said vehicle.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The value of claims, the fact that the crime is recognized and reflected, and the fact that there is no previous conviction in the same kind);

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