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(영문) 대구지방법원 2018.09.20 2018고단2932

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 10, 2011, the Defendant purchased Bbena cruise vehicles, and granted a loan of KRW 20,90,000 from the victim Hyundai Capital Co., Ltd. and established a mortgage on the said vehicle in the name of the victim, but around that time, the Defendant transferred the said vehicle to C, who is a vehicle dealer, and caused C to dispose of the said vehicle to the person who is not the name of the victim.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as a petition for complaint, an examination slip, an automobile registration ledger, and a certificate of seal imprint;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act (hereinafter referred to as the grounds for sentencing): The nature of the instant crime is not mitigated, such as committing the instant crime, even though the Defendant did not intend to purchase his/her vehicle from the beginning, and committing the instant crime in order to prepare for miscellaneous video acquisition fund. Consideration favorable to the extent that the amount of damage is not significant: Defendant is recognized as committing the instant crime. In addition, it appears that there was no fact that the Defendant, as he/she belongs to C in the process of disposing the said vehicle, gained actual benefits from the instant crime. The victim does not want the Defendant’s punishment by mutual agreement with the victim. Taking into account all the circumstances, such as the Defendant’s age, occupation, sex and environment without criminal history, and the motive, background, means, and consequence of the instant crime, and the circumstances after the crime, etc.