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(영문) 의정부지방법원 고양지원 2018.09.28 2017고단1960

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant obtained a loan of KRW 20,00,00 from the victim (owner) capital in the Lone Star Capital located in Seocheon-si and 25,000,000 from the victim (owner), and purchased B mixed and used a vehicle under the condition that the vehicle shall be repaid in installments for the amount of 650,930 won each month between 48 months, and set up a mortgage on the said vehicle for the purpose of the loan security.

From July 20 to July 20, 2016, the Defendant continued to pay the installments of KRW 5,903,974 on nine occasions, and requested the injured party to deliver the said vehicle, but the Defendant failed to implement it despite the demand. On November 201, 2016, the Defendant parked the said vehicle in the vacant lot near the Seoul High School in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-car so that the injured party can not check

As a result, the defendant made it considerably difficult to find the location of the above vehicle, thereby concealing the above vehicle and hindering the victim's exercise of rights.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. Original Register of Automobile Registration;

1. Application for loans and details of receipt of principal and interest;

1. The head of a peremptory notice to return a vehicle or a written request to return a vehicle;

1. A report on voluntary auction decision of a motor vehicle, or a report on impossibility of execution of a motor vehicle;

1. Application of investigation report (verification of the suspect's domicile and distance between the parking lot for the main building)-related Acts and subordinate statutes;

1. There is no basic area (six months to one year) (referring to six months and one year) of sentencing (referring to a person subject to special sentencing), the amount of damage is about 14 million won, damage recovery is not proper, payment of about six million won was made in installments, and other factors considered all the sentencing conditions stipulated in Article 51 of the Criminal Act, which include all the following factors: the pertinent legal provisions on criminal facts, Article 323 of the Criminal Act regarding the choice of punishment; the reason for sentencing of imprisonment [the scope of recommendation] and the reason for obstructing the exercise of the right of action.