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(영문) 서울동부지방법원 2016.02.03 2015고단2840

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around March 22, 2011, the Defendant was operated by the Defendant in Korea for social services (states) of the victim MVbs Poom in Jung-gu Seoul, Jung-gu, Seoul, 100.

In the name of B(State), 27,364,278 of the purchase price shall be paid in 85,757,000 CMF car, and the remaining amount shall be paid in 63,849,982 won in installments to the victim company for 48 months, and 1,183,845 won shall be paid in 1,183,845 won per month to the victim company for 48 months, a mortgage was created in the victim’s name on the same day for 63,849,982.

Although Defendant did not pay the full amount of installments on November 15, 2012 during the operation of the said vehicle, Defendant borrowed KRW 23,000,000 from Hyundai Financial Loan D, offered the said vehicle as security in mind, and delivered the said vehicle so that the location of the said vehicle becomes unknown.

Accordingly, the defendant concealed the motor vehicle which was the object of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the written complaint, written application for installment financing and summary statement, written agreement for establishment of a right to collateral security for automobiles, and statutes of registration certificate;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the suspended sentence [the scope of recommended punishment] and the scope of mitigation (i.e., interference with the exercise of rights] (i., January to August] [the person with special mitigation] [including efforts to recover from damage], the damage was not completely recovered, and the victim did not receive a letter from the injured party.

However, it is decided as per the disposition in consideration of the fact that the vehicle is against the law, the return of the vehicle to the victim by finding the vehicle recently, the same kind of criminal record, and there is no criminal record of the suspension of execution or higher