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(영문) 창원지방법원 진주지원 2015.05.07 2015고단73
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around August 10, 2011, the Defendant purchased DMW 520D car equivalent to KRW 63 million at the market price in Jinju-si, and the Defendant paid KRW 1,532,600 each month between September 25, 201 and August 25, 2014 between the victim Fisung Capital Co., Ltd. and the Defendant to pay KRW 1,532,600 each month from September 25, 201 to August 25, 2014. The registration of the said car in the name of the Defendant, but the damaged company entered into an installment financing agreement on the condition that the damaged company would set up a mortgage on the said car.

The Defendant, around August 12, 201, delivered the said car in accordance with the foregoing agreement, and set up a mortgage on the said car as the mortgagee, and therefore, the said car must be normally managed during the period of operating the said car. Nevertheless, around September 2013, the Defendant delivered the said car to the said E with the intent to guarantee the Defendant’s obligation to E at the Defendant’s home located in Jinju at the end of September 2013, thereby hindering the victim’s exercise of the right to exercise the victim’s mortgage by concealing the said car, which was the object of the victim’s mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Ethical letters;

1. Application of a written agreement of installment financing, redemption lines, detailed statement of terminated bonds, deposit status by contract, registration certificate, and register of automobiles Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following consideration for the reasons for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order has been that the Defendant, when purchasing a vehicle and receiving a loan from the victimized company, arbitrarily transferred the vehicle that became the object of security to another person in order to secure the obligation of the loan, and the location of the vehicle was unknown, making it difficult for the victimized company to exercise the mortgage. The first loan has reached up to 45 million won.

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