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(영문) 부산지방법원 2018.04.26 2017고단6052

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant: (a) purchased B-learning passenger cars in Busan Special Metropolitan City Busan Special Metropolitan City Busan Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

Nevertheless, on September 2014, the Defendant: (a) transferred the said vehicle to a person without a name, with the payment of 3 million won in lieu of the said vehicle without paying the balance of 15,761,555 won, including interest on installment payments, and concealed it so that the location of the said vehicle can not be confirmed; and (b) obstructed the exercise of the victim’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written complaint and a written statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a credit information inquiry);

1. Grounds for sentencing under Article 323 of the Criminal Act concerning the relevant criminal facts;

1. The basic area (from June to one year) (any person who has no special sentencing factor) of the sentencing criteria shall apply [the scope of recommended punishment] and interfere with the exercise of the right;

2. Determination of sentence: (a) by transferring a vehicle on which a security right has been created to a person who is not the name of the defendant; (b) making the victim impossible to recover his/her claim through the exercise of the security right; (c) making the repayment of his/her obligation not later than three years; and (d) taking into account the criminal records of the

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