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(영문) 수원지방법원 2018.11.08 2018고단5035

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 29, 2016, the Defendant borrowed 23,90,000 won from the victim BNK Capital Co., Ltd. on the condition that 537,352 won per month be repaid in installments for 50 months each month in order to purchase a car at the commercial office for the purchase of Bnish Do car at the office of the business office of the purchase of the car at the Dnish Do. On August 5, 2016, the Defendant, upon receipt of a vehicle transfer registration on the said car, set up a mortgage on the mortgagee’s “victim” and “1,6730,000 won.”

On August 2016, the Defendant received a proposal from her husband C to demand the repayment of debt to obligee D in a place where it is impossible to know the place of light or around August 2016, the Defendant transferred the said car to D through C with the consent of the said proposal.

Accordingly, the defendant concealed the car at issue with the mortgage in collusion with C, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to a copy of an application for vehicle finance, a copy of an impossible delivery report of a motor vehicle, a copy of the highest notice of delivery of a mortgaged motor vehicle, a certified copy of the motor vehicle registration ledger (A), a copy of an abstract, and

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 basic area (from June 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;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

The favorable circumstances: The defendant seems not to have led the crime, and the circumstances that there is no record of punishment for the same crime or of punishment exceeding the fine: