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(영문) 부산지방법원 서부지원 2018.09.14 2018고단832
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to eight years of imprisonment due to a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) in the establishment of a high-level district court, and the judgment became final and conclusive on March 31, 2017.

On April 16, 2014, the Defendant purchased CSP car, and agreed to receive KRW 27,400,000 from Hyundai Capital Co., Ltd. (as of July 7, 2017, the Defendant transferred the Defendant’s credit of the Defendant to the asset management loan of light Co., Ltd.) to repay the principal and interest in installments for 60 months, and set up a collateral security right to the said automobile as security for the said obligation with the amount of claim value of KRW 27,40,00,000, and a collateral security right with the mortgagee as the victim.

However, on August 2016, the Defendant borrowed KRW 5,000,000 from the Seoul Fash Hall, which is located in the police boat of the Seocho, and offered the said car as security.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written application for a loan from modern capitals and the register of automobiles;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

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

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, but since the reason for sentencing Article 39(1) of the Criminal Code to prevent interference with the exercise of the right of this case on the ground of sentencing is the criminal facts stated in the judgment, and the latter part of Article 37 of the Criminal Code are the concurrent crimes,

Defendant

On April 16, 2014, the Defendant entered into a loan agreement with the victim to KRW 27,40,000,000 for the purchase fund of the passenger car in Spopospospospospospospospospospospospospos, and immediately thereafter, paid approximately KRW 9,80,000 per month to the victim company, and the Defendant was detained as a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which are stated in the crime of this case, and thus, the opportunity to recover the said vehicle was lost.

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