beta
(영문) 의정부지방법원 고양지원 2016.12.22 2016고단2652

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2008, the Defendant purchased DNEW EF rocketing used cars from the trading company of the C used cars located in Yongsan-gu, Yongsan-gu, Yongsan-gu and concluded a contract for installment financing of used cars with the victim 1,300,000 won borrowed from the victim 1,30,000 won and to redeem 431,560 won each month over 36 months. On April 24, 2008, the Defendant set up a mortgage on the said automobile at the registration office located in Yongsan-gu, Yongsan-gu, Busan-gu, as the obligee, the Defendant as the obligor, and the bond value of the said automobile at KRW 11,30,000.

On November 2, 2010 through December 12, 2012, the Defendant used 4,000,000 won from a lender in his name to raise hospital expenses for the Defendant’s mother, and concealed the location of the said vehicle as collateral, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the F;

1. Application for mid- and high-class installment financing, the register of automobiles (A), the asset acquisition contract, the full certificate of registered matters, the notice of assignment of claims, the notice of mail delivery, the present status of mail delivery, the certificate of contents, and the application of the statutes

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Obstruction of Exercise of Rights (Obstruction of Rights) / None of the basic area (six months to one year) (decision of sentence / Decision of special person / Decision of sentence ] No damage has not been completely recovered, the circumstances of the case, and the fact that no previous case exists