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(영문) 춘천지방법원 원주지원 2017.06.14 2017고단158

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 3, 2015, the Defendant borrowed 15 million won as the purchase price for the BK5 passenger cars from the above victim to August 25, 2019 and agreed to pay the principal and interest of 455,656 won per month in equal installments over 48 times during the period from September 3, 2015 (19.9% per annum) at the victim 1,50,000 won as the mortgagee's mortgage on the above passenger cars (19.9% per annum).

After that, on June 2016, the Defendant paid only seven times the installment payments for the said car, and paid 4 million won from the lending company of the trade name called “D” located in the original city at the original city, and provided the said car as collateral for loans, and prevented the victim from discovering the car by delivering the car to E operator of the said “D”, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of a written agreement, an automobile registration certificate, or a loan certificate;

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. Type 1 (less than 100 million won) of the basic area (from April to April) of the sentencing criteria, and no person who has no special sentencing.

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 other circumstances.

The favorable circumstances were the confession of the crime.

It seems that the instant crime was committed in the course of paying seven installments of up to 48 installments of the 48 installment payments, due to economic difficulties.

There is no record of punishment in addition to the suspended sentence rendered on one occasion in 2000.

Unfavorable circumstances: