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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2402
권리행사방해
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2013, the Defendant purchased a passenger car (B) in the automobile trading complex located in Busan Seo-gu, Busan, on or around July 12, 2013, with a loan of KRW 24 million from the victim Hyundai Capital Co., Ltd. on the condition that the purchase price for the vehicle be paid in 36 months.

7. 16. At the end of the year, the victim created a mortgage on the above vehicle to secure the loan.

After that, on June 2014, the Defendant provided the above vehicle as security at his own discretion while borrowing KRW 6 million from a company without his name at a non-name location, and made the location of the vehicle unknown.

Accordingly, the defendant concealed the vehicle that is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

2. On November 4, 2013, the Defendant: (C) purchased a motor vehicle in the cell phone agency operated by himself/herself in Suwon-gu, Busan; (d) borrowed 22.6 million won from the victim Hyundai Capital Co., Ltd. as the purchase price for the motor vehicle under the name of the Defendant; and (e) borrowed 22.6 million won from the victim Hyundai Capital Co., Ltd. as the purchase price for the motor vehicle; and (e) around November 5, 2013, the Defendant created a mortgage on the said motor vehicle to secure the loan.

After that, on June 2014, the Defendant provided the above vehicle as security at his own discretion while borrowing KRW 6 million from a company without his name at a non-name location, and made the location of the vehicle unknown.

Accordingly, the defendant concealed the vehicle that is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of E;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant transferred two of the instant automobiles to the bond administrator with economic difficulties).

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