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(영문) 인천지방법원 2018.08.10 2017고단4134

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 26, 2016, the Defendant received a loan from the victim D Co., Ltd. at a rate of 13.9% per annum from the victim D Co., Ltd. at a rate of 13.9% per annum, and made a loan from the victim E Co., Ltd. at a equal installment repayment method for 60 months out of the above loan debt, and made a mortgage on 15 million won out of the above loan debt at around July 27, 2016 to the victim as a security for 15 million won from the above loan debt.

Although Defendant 1 had well preserved the said car which was the object of the mortgage as above, he could not repay the loan to F by November 15, 2016, and could not repay the loan after paying the loan on four occasions until November 15, 2016, Defendant 2 became unable to grasp the location of the said car by transferring the said car to F with the payment of the loan of KRW 7 million to F in December 2016.

Accordingly, the Defendant concealed the car owned by the Defendant, 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. Application of the Acts and subordinate statutes to the complaint;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right;

2. The defendant, who was sentenced to sentence, led to the confession of a crime and reflects the mistake.

However, even though the amount of damage to the crime of this case is not significant, no agreement was reached with the victim to recover the damage.

The Defendant again committed the instant crime while committing another crime during the period of probation due to fraud, etc. (the Defendant was sentenced to two years of imprisonment with prison labor at the Incheon District Court on November 30, 2016 and the judgment became final and conclusive on December 8, 2016). The Defendant escaped while being tried.

The character, conduct, family relationship, family environment of the defendant in the above circumstances.

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