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(영문) 의정부지방법원 2018.01.04 2017고단4476

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 27, 2013, the Defendant purchased D GLK220 Bents vehicles at the Hansung Motor Vehicle C’s agency located in Seoul, and agreed to pay 51,570,000 won for each month by 1,130,797 won each month from the victim Hyundai Capital Co., Ltd., and agreed to set up a collateral security interest of 51,570,000 won for the above obligation to the victim as security.

However, around August 2014, the Defendant borrowed KRW 20,000,000 (including a prior interest of KRW 2,000,000) to E and provided the said vehicle as security and delivered it to E.

Accordingly, the defendant concealed the vehicle owned by the defendant, which was the object of the victim's right, so that the victim can not grasp the location of the vehicle, and thereby interfered with the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The examination slip and examination slip, information inside and outside of the examination unit, and the written application for automobile installment and the written contract for establishment of collateral security;

1. A copy of bankbook;

1. Original register of automobile registration and registration certificate;

1. A list of claims and details of deposits;

1. The document of voluntary decision on the motor vehicle auction, the document of decision on the order to deliver the motor vehicle, and the report on the impossibility of delivery;

1. Application of the motor vehicle registration ledger and photographic Acts and subordinate statutes;

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

1. The extent of damage caused by sentencing under Article 62(1) of the Act on the Suspension of Execution is reasonable and the damage was not recovered. However, considering the following: (a) the Defendant’s mistake reflects his depth; (b) the Defendant’s installment was paid in 18 million won; and (c) the Defendant appears to have been working as his own effort to recover from damage, such as suspending the operation of his/her vehicle after being tried; and (d) the Defendant has no criminal record of the same kind, which was heavier than the fine,