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(영문) 서울북부지방법원 2017.04.27 2016고단5701

권리행사방해

Text

The punishment of defendants shall be four months in prison.

The execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2012, the Defendant purchased Dless Llesson car at the C cafeteria located in the Hanam-si B, and entered into a contract for an automobile installment loan with a loan of KRW 29,90,000 from Hyundai Capital Co., Ltd. (hereinafter “Mo Capital”) to receive KRW 29,90,000 from Hyundai Capital Co., Ltd. and to repay KRW 1,230,793 including interest for 36 months, and created a mortgage in the future of Hyundai Capital Capital.

On August 2013, the Defendant offered a passenger car as security by borrowing KRW 10 million from any bondholder at the restaurant.

The Defendant concealed an automobile owned by the Defendant, which was the object of the right of modern Capital, and obstructed the exercise of the right of modern Capital of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. An application for heavy loan;

1. Application of Acts and subordinate statutes to E’s supplementary statements;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of punishment under Article 62-2 of the Criminal Act of the community service order;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a period of six months to one year;

2. Decision of punishment: to recognize errors;

There are five criminal records.

There was no recovery of damage.