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(영문) 의정부지방법원 2017.06.23 2017고단998

권리행사방해

Text

A defendant shall be punished by imprisonment for not more than ten 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 March 14, 2014, the Defendant entered into a installment financing contract with the victim for installment payment of KRW 29,70,000 for the money paid in 36 months from the date of the first 36th 36th Do, as Seoul Seocho-gu, Seocho-gu, Seoul, on March 14, 2014, and established the right to collateral security in the name of the victim on the same day.

After that, the Defendant immediately transferred the car to a person who is not aware of the name without the consent of the victim on the ground that the car is operated a car rental business by using the car.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the right to collateral security of the victim, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the second written application;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;