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(영문) 서울중앙지방법원 2014.10.30 2014고단3576
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

except that 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 December 16, 2010, the Defendant obtained a loan of 12,50,000 won from the victim to cover the purchase price of the vehicle under the name of the Defendant, and registered the establishment of a collateral security right with the claim amount of 13,500,000 won in the said vehicle as collateral in order to cover the purchase price of the vehicle.

The Defendant borrowed 6 million won from a person whose name cannot be known at the office located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, and transferred the said vehicle as security even though he/she is well in custody of the said vehicle that was the object of the mortgage as above, thereby hindering the victim from exercising his/her rights by concealing it so that the location of the said vehicle, which became the object of the mortgage, cannot be confirmed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of a mid-term installment financing agreement, register of automobiles and mortgage contract;

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

2. The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's confession, the fact that the reason for sentencing under Article 62 (1) of the Criminal Act is against his/her will, the fact that there is no record of having been sentenced to imprisonment or more severe punishment than the sentence of a fine, the defendant's age, environment, the background and contents of the instant crime, and the circumstances after the crime

It is so decided as per Disposition for the above reasons.

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