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(영문) 창원지방법원 2017.10.26 2017고단1656

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 4, 2013, the Defendant: (a) purchased DST5 car at “C agency” located in Changwon-si, Changwon-si; (b) concluded a loan contract with Korea for social service (State) wherein the Victim Als Alsalsalsalsalsalsalsalsalsalsalsals and “2,00,000,000, annual interest rate of KRW 3.9%, 60, monthly interest rate of KRW 434,452; and (c) established a mortgage equivalent to the above car on December 10, 2013; (d) however, the Defendant did not pay the principal and interest of KRW 12,530,208, and did not pay the remainder of the loan principal and interest of KRW 12,765,876, on August 15, 2016; and (d) did not accept a request from a person who suffered damage from his or her domicile to his or her owner of the vehicle despite his or his/her demand to transfer the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (specific at the time of request for return);

1. Copy of the installment financing and loan agreement to be provided, deposit status in preparation for repayment, and information on customer contact;

1. Application of Acts and subordinate statutes to a certificate of automobile registration information and a copy of content certificate;

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the fact that the defendant made a confession, and the amount of damage caused by the crime of this case is not significant, the defendant returned the said car to the victim and agreed smoothly with the victim, various circumstances that form the conditions for sentencing in this case, including age, sex, criminal conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (the area of mitigation of punishment, such as interference with exercise of rights: 1 month - August) shall be determined as the same as the order, in consideration of all the circumstances.