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(영문) 의정부지방법원 고양지원 2014.09.19 2014고단919
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 16, 2012, the Defendant purchased a vehicle with K5 vehicle in the Gangseo-gu Seoul Metropolitan Government from the (ju) Auda Capital, which is located in the Gangseo-gu Seoul Metropolitan Government, and entered into a contract for a vehicle loan of KRW 20,000 with the victim (ju) Capital and KRW 20,000,000, and set up a mortgage (the debtor: the defendant, the secured debt: KRW 14,000,000) as a security for the said loan as the storage right holder for the said 5 vehicle.

Nevertheless, the Defendant paid only ten-months of principal and interest 6,790,732 won out of the above loans, and did not pay KRW 18,428,398, and did not dispose of the said car at the time of non-payment, thereby hindering the exercise of mortgage by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written agreement on the part of the frusium under which frusium may be discussed;

1. Details of the receipt of the principal and interest of disposable discrimination;

1. Application of Acts and subordinate statutes on car delivery records;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act does not seem to have committed the instant crime in bad faith, and the sentence was imposed in consideration of the fact that the Defendant is against the Defendant, the actual gain acquired by the Defendant is not very significant, and the past record and economic situation, etc.

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

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