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(영문) 서울남부지방법원 2021.01.28 2019고단5312
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 17, 2017, the defendant extended a loan of KRW 19,800,000 to the victim's principal and interest of KRW 606,748 won each month from the Seoul Faccinal District (Seoul) around April 17, 2017, and set up a collateral security at a bond price of KRW 9,900,000 in the victim's name in the passenger car purchased by the defendant.

After that, on May 2017, the Defendant sold the said passenger car to a person who was named in his name and was unable to know his location, making it difficult for the Defendant to exercise the right to collateral security by making it difficult for him to exercise the right to collateral security.

Accordingly, the defendant concealed the car owned by the defendant and interfered with the victim's exercise of rights.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Transfer statement of automobile acquisition and certificate of automobile insurance coverage;

1. Application for a middle and high-speed debate / brief statement, terms and conditions of installment financing, decision on voluntary commencement of auction for automobiles, details of impossibility of delivery of automobiles, and application of Acts and subordinate statutes on receipt in preparation for the plan;

1. In full view of the relevant Article of the Criminal Act and Article 323 of the Criminal Act regarding the crime, the motive and background of the crime subject to sentencing of imprisonment, the situation before and after the crime, and other factors of sentencing, including the defendant's age, sex, and criminal record, the sentence identical to the order shall be imposed.

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