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(영문) 대전지방법원 서산지원 2015.10.15 2014고단660
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around June 7, 2011, the Defendant: (a) purchased the seeable vehicle B; (b) borrowed KRW 38.2 million from the victim’s character capital Korea Co., Ltd. as the purchase price; (c) agreed to repay the loan amount to KRW 846,00 each month until June 7, 2016; and (d) set the right to collateral security in the name of the victim company corresponding to the above vehicle loans.

From July 25, 2013, the Defendant, from around July 25, 2013, demanded the return of the above vehicle from around August 22, 2013 to exercise the right to collateral security established on the vehicle by the victim company, but the Defendant concealed the vehicle by means of concealing the location of the above vehicle without complying with the request.

Accordingly, the defendant concealed the above vehicle which is the object of the victim company's rights, and obstructed the exercise of rights of the victim company.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of a sales contract, agreement of installment financing, register of automobiles, notification of commencement of installment financing, mortgage contract, and Acts and subordinate statutes notifying termination of a contract;

1. Article 323 of the relevant criminal facts, Article 323 of the Criminal Act regarding the selection of punishment, and Article 323 of the Criminal Act regarding the sentencing of imprisonment with prison labor, and the fact that installment financing has been terminated due to the Defendant’s failure to pay the installment payments, or the victim company was aware of the demand for the return of the vehicle and concealed the location of the vehicle without returning the vehicle, and the victim company’s claim amounting to approximately KRW 2,7140,00,00 as of October 2013, comprehensively taking into account all the sentencing conditions

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