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Reasons
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(영문) 수원지방법원 안산지원 2016.05.20 2016고단1253
권리행사방해
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A defendant shall be punished by imprisonment for six 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

Criminal facts

On March 25, 2015, the Defendant agreed to make installment payments between 424,299 won and 60 months each month after receiving a loan of 220 million won from the injured party (the present State) non-fash capital (the instant non-fash capital) in the car agency located in the Yeongdeungpo-gu Seoul Metropolitan Government B Building, and the Defendant purchased the vehicle for the news fash, and agreed to set up a collateral security on the said car for the victim on March 27, 2015.

Defendant did not pay installments after making an installment payment of KRW 390,812 on April 15, 2015 in accordance with the above agreement, and around November 11, 2015, Defendant disposed of the said car to “one million won by the name in the name in the trade company located in Incheon,” the name in the name in the name in the name in the name in the name in the form of “alternative car,” and obstructed the exercise of the right by concealing the said car which became the object of the victim’s right to collateral security by means of delivery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) has not yet been restored to damage, but considering that the defendant is led to confession and reflected by the defendant, and that the defendant has no past record of punishment, excluding three times

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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