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(영문) 인천지방법원 2016.04.01 2015고단7823

권리행사방해

Text

A defendant shall be punished by imprisonment for six 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 October 31, 2014, the Defendant: (a) purchased the E small-type motor vehicle in the Nam-gu Incheon Metropolitan City, and (b) provided as security by means of a mortgage to the Victim EK Savings Bank; and (c) received a loan of KRW 18 million and paid KRW 68,030,030 monthly interest and interest between 36 months and 36 months.

Merely determined.

Nevertheless, on February 2, 2015, the Defendant received 3.5 million won from a used motor vehicle purchaser who is unable to know the name in the vicinity of the Namdong-gu Incheon, Namdong-gu, Incheon, and delivered the above motor vehicle owned by the Defendant, which became the object of the victim’s rights, thereby interfering with the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of loan agreements and the Acts and subordinate statutes of the original register of motor vehicle registration;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and Article 59 of the Act on the Observation, etc. of Protection [the type] The basic area of sentencing [the scope of the recommended area], six months to one year [the decision of sentencing], the defendant's execution of mortgage by delivering a vehicle to another person even after the defendant created a mortgage on the victim, thereby hindering the execution of the mortgage by the defendant, and did not compensate the victim for the damage. Considering this, the nature and circumstances of the crime cannot be deemed to be negligible. However, the scope of damage caused by the crime of this case is relatively small, the defendant's criminal history and criminal behavior, the defendant's age, sexual behavior, the process and motive leading to the crime of this case, the circumstances before and after the crime of this case, and other various circumstances that form the conditions for sentencing as specified in the records and arguments of this case, such as the circumstances before and after the crime of this case, and the sentence shall be determined as ordered.