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(영문) 대구지방법원 포항지원 2018.09.12 2018고단818

권리행사방해

Text

A defendant shall be punished by imprisonment for six 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 August 6, 2016, the Defendant: (a) purchased DN car from C in Daegu Dong-gu, Daegu-gu, and (b) agreed that KRW 20,000,036 shall be loaned from the victim meri Capital Co., Ltd. to redeem the said vehicle between 629,036 per month and to provide the said vehicle as security for 48 months; and (b) on August 9, 2016, the victim set up a mortgage on the bond value of KRW 20,000,000 on the said vehicle.

After that, on August 2017, the Defendant borrowed KRW 6 million from the bond company E, the bond company, and provided the above vehicle as security and delivered it to the victim so that the victim may not discover the vehicle.

Accordingly, the defendant concealed the DNA car owned by the defendant, which is the object of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Complaint;

1. An application for a motor vehicle financial product, an agreement on debate, details of deposit of a household loan in Korea, the motor vehicle registration ledger (D);

1. Application of Acts and subordinate statutes to a report on investigation (to the location of a vehicle), a report on investigation (to the possessor of a vehicle), an investigation (to the hearing of statements by a complainant's agent);

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

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no person [the person who has been subject to special sentencing] [the decision of sentencing] [the decision of sentencing] under Article 62(1) of the Act on the Suspension of Execution, taking into account the following factors: (a) the defendant's primary offender is the defendant's age, sex, environment, motive, means and consequence of the crime; and (b) the amount of outstanding loans is considerably unfavorable; (c) the defendant appears to have partially repaid his/her loans; (d) the defendant is the primary offender; and (e) the defendant's age, sexual behavior, environment