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(영문) 울산지방법원 2017.05.22 2017고단1280
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 17, 2012, the Defendant: (a) purchased a 749 car from the center of the Busan metropolitan area; (b) entered into a financial contract with the Plaintiff’s Hyundai Capital Co., Ltd. to obtain a loan of KRW 36 million from the Plaintiff’s Hyundai Capital Co., Ltd. to pay the loan over a period of 60 months; and (c) set up a mortgage equivalent to KRW 36 million with respect to the said car.

Nevertheless, on November 2013, the Defendant provided as security for the obligation of KRW 10 million borrowed from a person who is unable to know the name of the said vehicle at the right time before the passage of the Gyeongsan-si, Yangsan-si.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to an application form for automobile and an examination table;

1. As stated in its reasoning, the location of the instant vehicle has not been identified until now for the commission of the crime as stipulated in Article 323 of the Criminal Act regarding the crime at issue. The Defendant committed the instant crime under the remaining remaining conditions equivalent to KRW 34,548,929 as the principal amount of the instant loan; the victim transferred the instant loan claim to a limited company specialized in EPS No.S. at present; there was no record of punishment for the same crime; there was no record of suspended execution, and there was no previous record of suspended execution; and there is against the fact that there are no favorable sentencing factors that are unfavorable or favorable to the Defendant as shown in the record and pleading, and the sentence is determined as ordered within the scope of the scope of the scope of the scope of the scope of the obstruction of exercising the right of sentencing.

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