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(영문) 대구지방법원 2018.05.01 2018고단1134

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 10, 2014, the Defendant purchased the 1st car for BM7 passenger cars from the insular area of Yeonsu-gu Incheon Metropolitan City around June 10, 2014, and concluded a contract for a vehicle installment loan on the condition that the 347,752 won of the 36-month installment was repaid on the 25th of each month, and set up a mortgage on the 347,752 won in the 25th of each month in the 36-month passenger car.

However, the Defendant decided to use part of the purchase fund of the said vehicle in the form of 'protruding tin', and concealed the said SM7 vehicle to a person who has no name in the same date and place at the same time and place in order to prevent the victim from exercising his/her rights.

2. On July 16, 2014, the Defendant: (a) purchased one motor vehicle for the C&D car at a Buddhist area in Yeonsu-gu Incheon Metropolitan City (Seoul); (b) borrowed KRW 9.3 million from the victim Hyundai Capital Co., Ltd.; and (c) concluded a contract for the installment loan on the condition that KRW 352,291 in installments be repaid on the 25th day of each month for 36 months; and (d) set up a right to collateral in the name of the victim for the said motor vehicle as security.

However, the Defendant decided to use part of the purchase fund of the said vehicle in the form of 'propended tin', and concealed the said vehicle in the same date, time, place, by selling it at the same time and place, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A supplementary statement of each complaint and a statement;

1. Application of Acts and subordinate statutes of the vehicle registration ledger and the notification of transfer of bonds and acceptance of entrustment for each vehicle;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.