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(영문) 의정부지방법원 2016.04.27 2016고단192

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2016, the defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution with the District Court for fraud, and the above judgment was rendered for the same year.

2.2. Finality was established.

On December 26, 2012, the Defendant entered into an installment financial agreement with the effect that the Defendant would pay KRW 802,478 each month for 48 months after receiving an installment loan of KRW 24 million from the victim KMMM Co., Ltd. when purchasing a middle and high-speed cruise vehicle at a non-permanent location.

The Defendant, on the 28th day of the same month, established a mortgage on the above vehicle with the victim as the creditor, and was obligated to keep the above vehicle until the claim of the victim was fully repaid, but on January 2013, the Defendant transferred the above vehicle as security by borrowing KRW 8 million from the person who was in the name and influence in the office of the trade name in the middle and the influent office in the Seocho-si Police Complex.

Accordingly, the defendant concealed his own property, which was the object of another person's right.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police against D;

1. Investigation report ( telephone conversations on the present owner of a vehicle);

1. A written agreement on application for non-financial services to be made, a motor vehicle registration ledger, a notice of termination even in the middle, a peremptory notice of delivery of securities, and a books of books;

1. Previous convictions: Inquiry of criminal history, application of criminal history, judgment related to criminal history and applicable Acts and subordinate statutes of the date;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the facts of crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (in the case of concurrent crimes after Article 37 of the Criminal Act, the reason for sentencing is not applicable) (the reason for sentencing) the crime of this case, the reason for the occurrence of the crime of this case, the vehicle that became the object of the victim’s right has not been recovered,

However, the defendant reflects his fault in depth.

. At present;