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(영문) 춘천지방법원 원주지원 2018.01.19 2017고단965

권리행사방해

Text

A defendant shall be punished by imprisonment for six 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 April 27, 2012, the Defendant purchased Cpoter vehicle in the vicinity of the Seocho-si Office located at the beginning of the original city, entered into an installment loan agreement between Hyundai Capital Co., Ltd. and Hyundai Capital Co., Ltd. which is the victim, setting the lending period to 48 months, interest rate to 7.95%. On May 7, 2012, the Defendant established a collateral security right with the content that the mortgagee is Hyundai Capital Co., Ltd. and the bond value to 14.8 million won.

On July 2013, the Defendant: (a) lent KRW 3 million from a person in an infinite name to a person infinite name; (b) provided the said vehicle as security to a person infinite name; and (c) prevented the victim from confirming the location of the said vehicle.

Accordingly, the defendant disposed of and concealed the C Poter vehicle owned by the defendant as the object of the mortgage of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of E’s written statements and accusation Acts and subordinate statutes;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines [Scope of Recommendations] The basic area (from June to one year) (whether there is a person subject to a special sentencing] of the basic area ( from June to one year) (whether suspended execution is suspended or not): The general positive factors: There is no serious reflectivity, or criminal records of suspended execution or more;

2. The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, as shown below the sentence, and the following circumstances.

Consideration: Damage was not recovered.

The amount of damage is not relatively large.

There is no record of punishment exceeding a fine and of punishment for the same crime.