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(영문) 인천지방법원 2017.04.12 2017고단1146

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

On October 20, 2010, the Defendant: (a) purchased BM M5 car from the business branch of the Plaintiff Hyundai Capital Co., Ltd., Ltd. located in Seocheon-si, Seocheon-si; (b) agreed to obtain loans from the injured party to pay the principal and interest in installments for a period of 36 months; and (c) decided to set up a collateral security interest of KRW 40,000,000 for the said vehicle as security for the said obligation.

However, around March 2012, the Defendant borrowed KRW 20,000,000 at the secondhand store office in Gangnam-gu Seoul, Seoul, and provided the said vehicle as security without the consent of the victim.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Original Register of Automobile Registration;

1. Application of the transfer notification statute;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the same Act [the scope of recommended punishment] shall be determined as ordered within the scope of recommended punishment by comprehensively taking into account the following circumstances: the defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, circumstances after the crime, etc.:

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There shall be no record of punishment of imprisonment without prison labor or heavier.

Unfavorable circumstances: The defendant has been punished by a fine several times in the past.

Even though the amount of damage is considerably high, the damage has not been restored.