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(영문) 의정부지방법원 2016.08.26 2016고단2074

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2013, the Defendant applied for a senior set of 1,203,950,000 won per month between 36 months and 32,00,000 won per month from the injured party at D office located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. On the same day, the Defendant provided the victim with the right to collateral security of 9,60,000 won per month from the damage.

Since August 19, 2013, from around January 25, 2016 to around January 25, 2016, the Defendant received a demand from the injured party for the termination of a loan agreement and the return of the vehicle due to delinquency in payment of the loan from the injured party on several occasions. However, the Defendant stored the vehicle in an unsound place without delivering the said vehicle to the injured party and prevented the injured party from finding the location of the vehicle, thereby hindering the injured party’s exercise of rights by concealing the Defendant’s

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint;

1. Investigation report (verification of vehicle's whereabouts);

1. Application of Acts and subordinate statutes to copy a copy of the product handled as a used motor vehicle, a copy of an application for financing loan agreement for a used motor vehicle, a payment order, a notice of termination of and legal procedure for termination of installment contracts, a motor vehicle registration ledger (E), output of screen (management of comprehensive consultation), and printing of screen pictures;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) (the person subject to special sentencing) [the person subject to special sentencing] [the decision of sentence] considering the fact that the defendant was demanded from the injured party to return the vehicle in this case on several occasions, and that the defendant continued to conceal the vehicle in this case without complying therewith, the defendant's liability for the crime is not weak.

However, the defendant confessions and reflects the crime of this case, and criminal punishment until the defendant has yet to be made.