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(영문) 광주지방법원 해남지원 2018.11.29 2018고단298

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2015, the Defendant borrowed KRW 33,600,000 from the Defendant’s (ju) Hyundai Capital when purchasing a car at the office of EL (ju) located on the top of 335-32, ELM on the first floor in operation, and issued a mortgage on the said car to the victim in the amount of KRW 33,60,000,000.

From January 5, 2016, the Defendant received KRW 2,900,000 from D without the consent of the victim and delivered the said vehicle to the large-type distributor, thereby making the location of the vehicle unknown.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed under E;

1. A petition filed for a loan for the management of light assets with a plan for the settlement of accounts;

1. An application for a discount of modern capital;

1. A request for remittance of loans;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes on bond statements;

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 suspended execution;

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

1. Basic area: Imprisonment with prison labor for not less than six months from one year to one year (the person who is subject to special sentencing) for the application of the sentencing criteria (the scope of recommended punishment)

2. The Defendant, who was sentenced to the sentence, delivered a motor vehicle which became the object of the mortgage to another person, was unable to execute the mortgage.

Damage has not yet been recovered and the victim has been punished for the defendant.

On the other hand, however, the defendant recognizes all of his errors and is in profoundly against himself.

The amount of the secured claim that has not been repaid is relatively small.

The defendant has no special record of crimes, in addition to those subject to a fine once as a result of the crime of double species.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.