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(영문) 의정부지방법원 고양지원 2017.08.03 2017고단1272

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 April 20, 2012, the Defendant purchased the 12,00,000 won of the above vehicle from Korea Social Co., Ltd. (hereinafter the present case Co., Ltd.), which is the victim, at the “C Branch” located in Pakistan B on April 20, 2012, agreed to obtain a loan of 12,00,000 won for the above vehicle from the victim, and agreed to make a change of 375,759 won each month for 36 months, and on April 23, 2012, the Defendant created a mortgage on the above loan amount at the value of the claim.

Nevertheless, the Defendant paid 4,514,134 won in total over 12 occasions and delayed the payment of the remainder, and around October 2014, the Defendant handed over the said vehicle, which is the object of a mortgage, to E, on condition that he borrows 5,00,000 won in the head of Gangseo-gu, Seoul Metropolitan Government on a condition that he/she takes the said vehicle from the head of Gangseo-gu, Gangseodong-gu, Seoul, and thereby hindering the victim from exercising his/her rights by concealing it so that the location of the said

Summary of Evidence

1. Partial statement of the defendant;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no basic area (6 months to 1 year) (i.e., interference with the exercise of rights) (i., six months to 1 year) (i.e., a person subject to special sentencing) [decision of sentence] unfavorable circumstances: The defendant did not pay a considerable portion of the debt guaranteed by the mortgage established on the passenger car concealed by the defendant, and the victim is punished by the defendant.

There are several criminal charges for the defendant, including the crime of double-class crime.

A favorable circumstances: The defendant recognized facts about the constituent elements of the defendant, and repaid KRW 4,514,134 out of the secured debt.

In addition, all of the sentencing conditions identified in the records of this case and the trial process, such as the motive and background of the crime, and the method and content of the crime, shall be taken into consideration.