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(영문) 인천지방법원 2016.11.25 2016고단4523

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2015, the Defendant: (a) purchased Cenz E220 passenger cars from the Incheon Dong-gu Incheon Bridge; (b) borrowed KRW 49.5 million on the condition that “from June 15, 2015 to June 15, 2018, 1,762,350 won per annum shall be paid in installments and interest rate shall be paid in 16.9% per annum from the victims’ Air Savings Bank during 36 months from June 15, 2015 to June 15, 2018; and (c) set up a collateral security right equivalent to KRW 49.5 million against the said passenger car as security.

On April 2016, the Defendant delivered the said car to D president of the Customer under the pretext of debt repayment for KRW 29 million in the Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, and concealed that the victim could not be identified.

Accordingly, the Defendant concealed his own Cenz E220 car, which was the object of the victim's right to collateral security, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application for an erroneous debate, an agreement, the register of motor vehicles (C), and the payment details of loans shall be governed by statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Determination of Punishment] Obstruction of Exercise of Rights, etc. shall be considered in consideration of the basic area of category 1 (Obstruction of Exercise of Rights) [Scope of Recommendation], 6-1 (Determination of Sentence], 6-1 (Determination of Sentence], and the damage suffered by the victim due to