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(영문) 의정부지방법원 2019.09.27 2018고단5217
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2016, the Defendant: (a) borrowed 27.6 million won from the victim D Co., Ltd. on a condition of 60 months to pay 60,000 won; (b) set up a collateral security on the said car to the victim in order to provide the E-chip car purchased by the Defendant as security; and (c) around April 2017, the Defendant borrowed money from G located in the Republic of Korea, Namyang-si, Namyang-si, Seoul, from money to the person who is not the beneficiary of the name; and (d) transferred the said car as a collateral for the said car to the victim’s location.

Accordingly, the defendant concealed the passenger car which is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The statement made to supplement the complaint of H;

1. A complaint;

1. A contract for asset transfer; a notice of assignment of claims; and a certificate of maximum contents of exercise of rights;

1. An application for installment loans;

1. The register of automobiles (E);

1. Application of Acts and subordinate statutes on statement of claims;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case, which committed the crime of obstructing another’s exercise of rights (type 1) and obstructing another’s exercise of rights (type 1) based on the sentencing guidelines for the sentencing guidelines under Article 62-2 of the Social Service Order Criminal Act, is one of the following: (a) although the Defendant set up a mortgage to secure the installment payment of the vehicle purchased by the Defendant, it is impossible to identify the location of the vehicle by delivering it to other creditors; and (b) it prevents the exercise of the right to collateral; and (c) the circumstance, the amount of the right to collateral security, the amount of the secured debt, the period during which the exercise of the right by the victim was obstructed; and (d) the price decline

However, the defendant paid 3180,000 won (6 times of 60 installments in total, and 34,39 of evidence records) in part of the installment concerning the vehicle as stated in the judgment of the defendant, and the credit and credit from the victim.

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