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(영문) 전주지방법원 2016.09.29 2016고단665
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 26, 2014, the Defendant filed a criminal complaint with the Defendant against the Defendant against the victim social Co., Ltd. (a trade name after the change: 98 pages of evidence of the Jin Capital Co., Ltd., Ltd., Ltd., and after 105 pages, the claim for the above loans was transferred to the PelC Loan Co., Ltd. (Evidence No. 19 pages of evidence) and the PelC Loan Co., Ltd., Ltd., located in the Jinjin-gu Seoul metropolitan area

(Evidence No. 3) at the office of the victim (Evidence No. 1, 1500,000 won, the mortgagee was registered as the victim company and the bond value was 11.5 million won. The mortgagee was registered as the victim company and the bond value was 23 million won.

After that, on January 2015, the Defendant borrowed KRW 6 million from C at a place where the location of the border is unknown, and offered the said car as security to C.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the victim company's mortgage, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to accusation (including evidentiary documents) and each investigation report (C telephone conversations and submission of supplementary documents by complainants agents);

1. Article 323 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the criminal defendant repents his/her wrong and that the loan company and the loan company have smoothly agreed to do so);

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