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(영문) 서울중앙지방법원 2017.12.01 2017고단5182

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 28, 2013, the Defendant purchased the Danpo-ro car at the location of the Hyundai Capital Station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul and entered into a mid-term loan agreement with the victim Hyundai Capital Co., Ltd. to receive KRW 20,90,000 from the victim's Hyundai Capital Co., Ltd. to pay the 583,784 won in installments each month for 48 months, and registered the establishment of the mortgage in the victim's future for the said car.

Nevertheless, around October 2013, the Defendant borrowed 6 million won from the non-filled credit service provider in the Newcheon Station located in Songpa-gu Seoul Olympic Games, which was located in 140, and delivered the said car along with the Defendant’s certificate, resident registration certificate, and resident registration certificate, and the location of the said car was unclear.

Accordingly, the defendant concealed the mortgaged vehicle of the victim and obstructed the exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. A complaint;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to investigation reports;

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. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order are the first offender, and the accused is recognized as committing the instant crime, and the accused withdraws the complaint, and the accused’s above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case, including the circumstances after the crime, shall be determined as the sentence as ordered.