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(영문) 춘천지방법원 원주지원 2018.08.08 2017고단859
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Records of Crimes】 On April 8, 2015, the Defendant was sentenced to a suspended sentence of three years in the year and April 1, 2015, for occupational embezzlement from the original branch of the Chuncheon District Court, and the judgment became final and conclusive on April 16, 2015, and is currently under suspended sentence.

【On July 12, 2013, the Defendant: (a) purchased the amount of a passenger car in the Hanyang-dong in the Gangseo-gu Seoul Metropolitan Government, the Defendant entered into a installment loan agreement with the Defendant’s Hyundai Capital Co., Ltd. to purchase the amount of a loan to KRW 38.4 million; (b) concluded a loan agreement with the Defendant’s Hyundai Capital Co., Ltd. to determine the lending period to KRW 36 months; and (c) the interest rate to KRW 21.9% per annum; and (d) on the same day, the Defendant set up a collateral security with the mortgage amount to Hyundai Capital Co., Ltd. and the bond amount to KRW 38.4 million on the same day.

On October 2013, the Defendant: (a) had the aforementioned C Co., Ltd. E deliver the said vehicle to the obligee, who is the obligee, of the said C Co., Ltd., for the purpose of repaying obligations; and (b) prevented the victim from confirming the location of the said vehicle.

The defendant, which is the object of the mortgage of the victim company C, concealed the DNA car owned by the above corporation C by delivering it to the person who was not the name.

Summary of Evidence

1. Partial statement of the witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A complaint, a second and second written application, each vehicle registration ledger, a supplementary statement to the complaint (F), each investigation report, and a response to an order to submit each document;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 323 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act (in the case of the crime of this case, the crime of this case is committed in light of the method and result thereof, and there is no criminal record against the defendant, but there is no criminal record against the defendant, and the actual victim is the complainant.

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