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(영문) 서울남부지방법원 2020.01.16 2019고단2108
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2017, the Defendant: (a) purchased CNS vehicles (hereinafter “instant vehicle”) in Seo-gu Incheon, Seo-gu, Incheon; (b) entered into an erroneous debate agreement with the victim D to pay KRW 19,000,000 per month interest for 36 months; and (c) set up a collateral security right with the victim company as KRW 9,50,000,000 for the instant vehicle to secure the above loan.

Nevertheless, around September 2017, the Defendant: (a) borrowed KRW 6 million from the pawned area (E), near the Gangseo Islands located in the Gangwon-gun; and (b) handed over the instant vehicle to the security therefor; (c) prevented the victim from searching for the instant vehicle; and (d) obstructed the victim’s exercise of rights by concealing his/her property that became the object of another person’s rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes of the agreement of debate and the motor vehicle register;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into account that the amount of damage was approximately 9.5 million won, although the damage was not recovered);

1. Social service order under Article 62-2 of the Criminal Act;

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