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(영문) 대전지방법원 논산지원 2017.10.17 2017고단454

권리행사방해

Text

A defendant shall be punished by imprisonment for four 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 March 25, 2013, the Defendant purchased D's sod M&D car at the agency located in Songpa-gu Seoul, Songpa-gu, Seoul, with a loan of KRW 20 million from the victim Hyundai Capital Co., Ltd. to the said vehicle, and created a mortgage on the said vehicle in the future.

On August 2013, the Defendant borrowed 6 million won from the person in the name in front of the Gangseo-gu, Gangwon-do, Gangwon-do, the Gangwon-do, the Gangwon-do, which was located in 265, and delivered and concealed the said vehicle for the purpose of security, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written application for a consultation slip and an automobile register;

1. Application of Acts and subordinate statutes to certified copy or abstract of the motor vehicle registration ledger (A), or certified copy or abstract of the motor vehicle registration ledger (B);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Suspension of Exercise of Right (Interference with Exercise of Right) / [1-8 months] Reduction Area of Punishment (including Special Reduction / Voluntary efforts to recover damage) / Decision of Punishment] The crime of this case is that the defendant arbitrarily disposes of a vehicle which is the object of the victim company's mortgage and interferes with the exercise of right by the victim company, and the nature and circumstances of the crime are not easy. However, although the defendant reflects the defendant's mistake, the defendant's age, sex, environment, criminal record, circumstances of the crime, circumstances after the crime, etc., all the sentencing conditions stated in the arguments of this case are considered, such as the defendant's age, sex, criminal record, criminal record, criminal record, circumstances after the crime, etc.