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(영문) 의정부지방법원 고양지원 2016.04.28 2015고단3347

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 7, 2011, the Defendant purchased FK7 car at the French electric power plant in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-si (hereinafter referred to as the “FK”) and took out a loan of KRW 29 million on the condition that the purchase price of the vehicle shall be paid in equal installments in the annual interest rate of KRW 1,183,930 each month between 36 months and 1,183,930, and around October 10, 201, the Defendant set up a mortgage on the claim amounting to KRW 29,000,000 as security for the loan to the victim.

On October 26, 2011, the Defendant sold and delivered the above vehicle to a person who was in non-name at around 10 million won, thereby hindering the victim's exercise of rights by concealing the goods of the Defendant, which became the object of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no basic area (6 months to 1 year) (i.e., interference with the exercise of rights) (i., six months to 1 year) (i.e., a person subject to special sentencing) (i., a decision of sentence] unfavorable circumstances: The amount of debt guaranteed by the mortgage set out in K7 automobiles concealed by the defendant is the amount of money.

There is no other criminal record except that the defendant has been punished by a fine once due to a violation of the Road Traffic Act.