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(영문) 수원지방법원 성남지원 2016.12.14 2016고단2714
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

On July 7, 2014, the Defendant: (a) purchased Grand Ireland car in 26,200,000 won; (b) borrowed the money for the said car on the condition that the Defendant would pay KRW 517,550 per month from the Victim One Capital Co., Ltd. for every 60 months; and (c) set up a mortgage on the said car in the name of the victim on July 8, 2014.

On September 2015, when the Defendant was unable to pay the above installment to the victim due to the delinquency of payment at the shop, the Defendant borrowed KRW 4,000,000 from the person who was named on his name, and provided the above vehicle to the person who was named on his name without any separate registration on the vehicle owned by the Defendant.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the written complaint or the register of automobiles statutes;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act (i.e., the first offender, the amount of damage, confession, and reflective points);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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