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(영문) 대구지방법원 경주지원 2018.06.20 2018고단227

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2014, the Defendant purchased the Victim Hyundai Capital (State) and C in the name of the Defendant in Gangnam-gu Seoul, and entered into a loan agreement with the victim to pay in installments the amount of KRW 21,50,000 per month, and KRW 1,007,000 per month in the equal installments of principal and interest between 36 months. On June 9, 2014, the Defendant set up a mortgage on the claim amount of the said PP car as security for the said loan and KRW 21,50,000, and the mortgagee as the victim.

On August 5, 2014, the Defendant borrowed KRW 12,00,000 from D's lending companies located in Sungnam-si in Gyeonggi-do, and offered the said P'n't car as collateral, which is the object of mortgage, and concealed the said P't car in a manner that, from November 5, 2014, the Defendant did not pay the above installment from November 5, 2014, avoided contact with the victim and did not inform the location of the said P'n' vehicle.

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. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to a complaint and a detailed statement of loan execution, application for loan, notification of transfer and consignment of bonds, vehicle registration ledger, and asset transfer and takeover of assets, which are attached thereto;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] Suspension of exercising the right, and the sentence like the order shall be determined by taking into account the following circumstances, such as the mitigation area (one month to eight months), the mitigation area (including specially mitigated persons), the non-won of punishment (including efforts to recover from damage), the decision of sentence], and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

The amount of damage is not high, and there are many different types of criminal records.

e.beliable;