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(영문) 울산지방법원 2019.08.13 2019고단1893

권리행사방해

Text

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

Reasons

Punishment of the crime

On June 3, 2015, the Defendant received a proposal from a credit service provider in the name of the defendant to "to grant a loan if he/she purchases a secondhand car under the name of the defendant." On the same page, the Defendant borrowed KRW 17.6 million from the victim C Co., Ltd. (the transferee of bonds. D) to secure the loan, and around June 5, 2015, ordered the Defendant to set up a collateral security right of KRW 17.6 million for the above NAS car under the name of the victim company around June 5, 2015. However, around that time, the Defendant received KRW 50,000 from the person who was not paid the above name, and made it difficult to find the location of the NAS car by building the NAS car.

Accordingly, the defendant, which was the object of the right to collateral security of the victimized company, concealed the above negative car and obstructed the exercise of the rights of the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The register of automobiles, the application for automobile loan, and the application of the automobile loan agreement;

1. Article 323 of the Criminal Act applicable to the crime;

2. Reasons for sentencing selective sentence of imprisonment;

1. Category 1 (Obstruction of Exercise of Rights, etc.) of the sentencing criteria (the scope of recommending a punishment): The basic area (6-1 year); and

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The fact that the facts charged in favor of the defendant are admitted, that the damage is almost not recovered even though the damage is reasonable, and that the concealed vehicle is less likely to be recovered due to the distribution of the large-sized vehicle, the value of the collateral is unlikely to be lost due to the long-term concealment of the vehicle.

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