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(영문) 서울서부지방법원 2018.04.18 2016고단3520
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant granted a loan of KRW 30 million from the victim Vienna Co., Ltd. in Seo-gu, Incheon, and purchased DJEP car with the body of DJEP, and created a mortgage against the victim company with the claim amounting to KRW 21 million.

Since then, the Defendant moved the said car from around August 11, 2016 to a non-house of the Defendant and prevented the employees, etc. of the victim company from discovering the said car.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes of the accusation, application for vehicle finance, notification of loss of time limit, request for return and sale of the vehicle, voluntary auction decision of the automobile, protocol of impossibility of delivery of the automobile, and the ledger of registration of the automobile;

1. Considering the relevant legal provisions on criminal facts, Article 323 of the Criminal Act regarding the choice of punishment, Article 323 of the Criminal Act regarding the sentencing of imprisonment with prison labor, and the fact that the Defendant concealed the instant car provided as security and made it difficult for the victim to recover his/her claims by concealing the instant car, which has not been repaid, and the damage has not been recovered until now and the whereabouts of the Defendant is unknown.

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