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(영문) 서울북부지방법원 2018.08.24 2018고단1632
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 29, 2016, the Defendant purchased D car at C agency located in Gwangjin-gu Seoul Special Metropolitan City, and borrowed 31.1 million won from the victim E, and around December 12, 2016, the Defendant created a single mortgage on the said car owned by the Defendant as E, the mortgagee, and the debtor as the Defendant, and the value of the claim is KRW 15.6 million.

On December 13, 2016, the Defendant took over the above Defendant’s loan claims and mortgage from F Co., Ltd. on the Internet around December 13, 2016, and on the same day, the mortgagee for the said car as F Co., Ltd. F, the mortgagee and the debtor as the Defendant, and the victim G Co., Ltd. taken over the above Defendant’s loan claims and mortgage from F Co., Ltd. around June 22, 2017.

around November 2017, the Defendant borrowed KRW 8 million from H to H on the roads near Gun's bridge located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and gave H the said car to secure this.

Accordingly, the defendant concealed the above car, which is the object of the mortgage of the victims, and obstructed the victims' exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Investigation report (to hear statements by a witness H phone);

1. Each complaint;

1. Application of the motor vehicle registration information confirmation certificate and the current status of deposits in comparison with redemption;

1. Article 323 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Social Service Order Criminal Act provides that the remaining principal of the loan after sentencing is about 42 million won in total; the defendant has a criminal record of a fine due to the same crime once; the defendant is recognized as committing a crime; the defendant has no criminal record of a crime; the defendant has no criminal record of a crime; and Article 51 of the Criminal Act is recorded in the records.

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