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(영문) 서울동부지방법원 2018.08.30 2018고단967

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 April 22, 2014, the Defendant: (a) purchased one vehicle for the use of CK7 passenger car at the main office in Gangnam-gu Seoul Metropolitan Government, Seoul Metropolitan Government, 1-ro 81, and agreed to pay 21,50,000 won for the use of the vehicle for 36 months; and (b) set up a mortgage on the said vehicle under the name of the victim.

However, on April 2015, the Defendant did not notify the victim, and, at the underground parking lot of the “E” office located in Seongdong-gu Seoul, Seongdong-gu Seoul Metropolitan Government, the Defendant borrowed 5 million won from F as security, and delivered the said vehicle to F, thereby making its location unknown.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint filed by a limited company specializing in EPS first-class securitization;

1. Application of Acts and subordinate statutes, such as an examination mark, heavy loan application, certificate of seal imprint, and certificate of content;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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. Review of the sentencing criteria (the scope of recommended punishment) and the basic area (from June to one year) (the person who has no special sentencing factors) of the basic area;

2. Determination of the sentence as ordered by taking into account the scope of the amount of damage caused by the determination of the sentence, the following circumstances and various conditions of sentencing recorded in the records:

It is against the fact that the damage of the victim has not been recovered.