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(영문) 대구지방법원 2017.01.12 2016고단4919

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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2015, the Defendant received a loan for installment financing from the Bank of Korea on a yearly interest rate of KRW 30,000,000 out of the purchase price of the said vehicle, and the loan period of KRW 48 months from the Bank of Korea on a yearly interest rate of KRW 17,000,000 out of the purchase price of the said vehicle at the time of the purchase of the 30,000 S50 Lsz in 208.

The Defendant agreed to repay KRW 879,680 each month between 48 months following the conclusion of the installment financing agreement, but as a security, set up a maximum amount of KRW 30,00,000 for the said automobile to the victim company.

On September 15, 2015, from around January 14, 2016 to around January 14, 2016, the Defendant continued to pay the installment of KRW 1,767,787, and on April 1, 2016, notified the victim company of the loss of the benefit of time, the Defendant concealed the said motor vehicle, which is the object of the right to collateral security, in the vicinity of the Daegu Northern-gu, Daegu, Daegu, on April 1, 2016, by transferring the Defendant’s debt amounting to KRW 18,00,000 on behalf of the Defendant’s obligee.

Accordingly, the defendant concealed his own property which was the object of the right to collateral security of the victim, thereby hindering the victim's exercise of the right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application agreement for debate, motor vehicle registration ledger, comprehensive inquiries about the current status of customers, inquiry about the head of a general fund loan ledger, inquiry about redemption, and application of statutes;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the suspended sentence [the scope of recommended punishment] (one month to eight months] mitigation area (the person with special mitigation [including efforts to recover from damage] [the decision of sentence] Defendant has no record of being sentenced to a fine or heavier punishment, the fact that the Defendant recognized the instant crime and reflects mistake, and the victim withdrawn the complaint.