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(영문) 수원지방법원 안산지원 2014.11.11 2014고단1153
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2012, the Defendant purchased 98,80,000 won as a loan for the purchase of used vehicles from the victim Aju Capital Co., Ltd. at the D office located in Ansan-si, Seoul. On July 31, 2012, the Defendant established a right to collateral security at KRW 98,80,000 with respect to the said vehicle as a collateral for the said loan obligation, and established a maximum debt amount of KRW 98,80,000 with respect to the said vehicle as a collateral for the said loan obligation.

Nevertheless, around August 2013, the defendant delivered the above vehicle to the deceased without changing the name of the vehicle on the road located in Sindo-dong, Sinsi-dong, Sinsi-do.

Accordingly, the defendant concealed the location of the above vehicle of the defendant, which was the object of the victim company's right, so that the defendant could not identify the location of the above vehicle, and obstructed

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a complaint, an application for error, and construction machinery register;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act: The instant crime committed by purchasing vehicles, which make it difficult to exercise the right of the victim, who is a mortgagee, by offering the right to collateral to another person in order to borrow money in return for a loan from the purchase of the vehicle and re-establish the right to collateral security; the case is not weak; the agreement is not reached with the victim; the Defendant’s unpaid loan to the victim exceeds KRW 80 million: The Defendant’s error is against the Defendant; the Defendant’s business entity is normally operated.

The aggravation of financial standing seems to lead to the instant crime, and the Defendant paid the installment amount normally until July 2013, and the instant case.

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