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(영문) 창원지방법원 통영지원 2017.10.27 2017고단880

권리행사방해

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2015, the Defendant: (a) purchased the E-Wts’ car at the K-Sts’ commercial office located in S-S. C, and (b) agreed to pay approximately KRW 1,310,513 each month for 36 months after obtaining a loan from the victim M-Sts Capital Co., Ltd.; and (c) on December 17, 2015, the Defendant set up a right to collateral security of KRW 30 million for the claim value to the victim on December 17, 2015.

After the Defendant repaid KRW 8,152,806, the Defendant borrowed KRW 5 million from the F Office located in C at the time of the grace period on September 2016, and delivered the said car under its collateral and made it impossible to grasp the location of the said car.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Original Register of Automobile Registration (A) and the Original Register of Automobile Registration (B);

1. Application of an application for financial products of a motor vehicle with a meti capital, a motor vehicle acceptance certificate, a special agreement on the payment of loans, and application of Acts and subordinate statutes on the loss of time limits (cancellation of a contract);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] that interfere with the exercise of rights, etc. and the exercise of rights, etc.] and there is no person who is in need of special sentencing [the scope of the recommended punishment] from June to one year (the basic area];

3. The sentencing materials in favor of the Defendant who did not have the same criminal history and paid the principal and interest in one million won per month after having repaid part of the amount of damage, shall be considered as the sentencing materials unfavorable to the Defendant, and the fact that no agreement has been reached between the victim and the victim shall be considered as the sentencing materials unfavorable to the Defendant, taking into account the details of the crime, the family relationship of the Defendant and other all other circumstances, and the sentence