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(영문) 의정부지방법원 고양지원 2018.11.02 2018고단1841

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On January 20, 2014, the Defendant purchased B-G car at a place where it is not possible to know the place, and set up a collateral security right with respect to the said car owned by the Defendant, with a loan of KRW 16,80,000,000 from the Hyundai Capital, and with respect to the said car owned by the Defendant, the Defendant set up a collateral security right with a loan of KRW 16,80,000,000,000,000

On March 11, 2014, the Defendant borrowed KRW 3840,00 from the “D” office located in Gangseo-gu Seoul Metropolitan Government, and provided the said car as security and transferred it to a third party and made it impossible to identify its location, thereby hindering the victim’s exercise of rights by concealing one’s own goods which became the object of another’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the examination table, application for the borrowed loan of modern Capital, and Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

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

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The basic area (six months to one year) (any person who has no special sentencing factor) of the sentencing criteria shall apply [the scope of recommended punishment] and interfere with the exercise of the right.

3. The Defendant, who received installment financing, provided a vehicle purchased by the Defendant as security to another person, thereby causing substantial damage to the victim. The Defendant’s vehicle offered as security could not know the location up to now, and thus, the said vehicle could be used as a large-sized vehicle and may be used for another crime. As such, the Defendant’s liability for the crime of this case is not less complicated.

On the other hand, the defendant is the first offender who has no record of criminal punishment, and is against his or her will to recognize his or her mistake.

It has made efforts to recover damage.

In addition, the above circumstances and the defendant's age, sex, environment, family relationship, motive for committing the crime, and the means and result of committing the crime.