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(영문) 수원지방법원 평택지원 2017.08.31 2017고단733

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 19, 2016, the Defendant borrowed 38 million won from the victim Matts Co., Ltd. (hereinafter “victim Co., Ltd.”) to purchase BWts car, and established a mortgage on the said car on the 21st day of the same month by designating the victim company as the creditor of the company, but on August 5, 2016, the Defendant borrowed 16 million won from the non-personal credit service provider around the YWW-kak-gun, the Defendant transferred the said car as security.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application for carbon of C;

1. Application of investigation reports (related to B Insurance Policyholders' Currency), applications for financial products, and Acts and subordinate statutes of the Motor Vehicle Registration Register;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The nature of the crime of this case is not less than that of the defendant, and the defendant's severe punishment is requested in the part of the victim, except that the defendant is suffering from the recovery of damage. - The defendant is against his mistake.