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(영문) 수원지방법원 2016.04.21 2015고단5315
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 3, 2015, the Defendant received installment financing loans from the Victim HK Savings Bank for KRW 39,000,000,000 when purchasing one car from the BaW 520D car in Korea, a stock company located in the 414th floor of the Gangseo-gu Seoul Metropolitan Government 200,000,000.

The Defendant agreed to repay the loans of KRW 1,427,610 each month for 36 months following the said installment financing loan agreement, and the Defendant agreed to set up a mortgage on the amount of the said car at KRW 39,00,000 on the security of the victim company.

Accordingly, on February 4, 2015, the registration of ownership in the name of the defendant was made for the above passenger car, and on February 5, 2015, the establishment of mortgage was registered for the victim company.

Nevertheless, on March 2015, the Defendant transferred the said car to the influent person in the vicinity of Gangseo-gu Seoul Metropolitan Government at KRW 15,000,000 through the Daepo website, which was known by the Internet search around the end of the end of the month.

In this respect, the defendant concealed his own property which was the object of the mortgage of the victim company, thereby hindering the exercise of the right to exercise the mortgage of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An agreement on the application for debate;

1. The motor vehicle registration ledger;

1. Notice of expected loss of benefit of each time limit:

1. Inspection (B) of the motor vehicle registration ledger (A);

1. Application of Acts and subordinate statutes on mortgage creation contract;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from June to one year) (any person who has no special sentencing factor) of the sentencing criteria shall apply [the scope of recommended punishment] and interfere with the exercise of the right;

2. The Defendant, who has rendered a ruling of the sentence, shall exercise the right to exercise the right to exercise the mortgage of the victim by selling the vehicle which became the object of the mortgage on the commercial and commercial site.

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