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(영문) 울산지방법원 2017.04.20 2016고단3709

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Criminal facts

On February 5, 2015, the Defendant purchased a car in the BMW market located in Jung-gu Incheon Metropolitan City, Jung-gu, 3, 7-324, and borrowed KRW 59 million from the victim's social service in installments, in a 60-month amounting to 60 months of the purchase of the vehicle, and provided the said MFW car to the above lending company as collateral, despite the Defendant's intention to set a collateral security under the victim's name, on June 23, 2015.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. A written statement;

1. Application of statutes on the written agreement of installment financing, such as filing of a complaint, the parts (A), the proof of contents, and the specifications of an automobile;

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

1. Article 186(1) of the Criminal Procedure Act stipulating that the defendant and his defense counsel did not conceal a vehicle because he had been able to repay the money of the lending company and return the money of the lending company. However, at the time, the defendant did not have the ability to repay the money borrowed as security in excess of his obligation, and even in light of the fact that the vehicle was not recovered until now and its location has not been identified, the charges of this case are found guilty.

Defendant

The above argument of the court below shall not be accepted. The reasons for sentencing

1. Type 1 (Obstruction of Exercise of Rights) of the basic area (from June to one year) of the sentencing criteria;

2. Circumstances in favor of the reasons for sentencing: The defendant has paid seven installments in advance, and the actual amount of damage to the victim caused by this case is equivalent to 65 million won, the vehicle has been recovered or has not been repaid until now, and the defendant has the same kind of damage to the defendant.

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