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(영문) 서울서부지방법원 2019.01.24 2018고단3913
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On December 12, 2013, the Defendant purchased one unit of DEX car at a location located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) and agreed to pay monthly principal and interest for 60 months from January 11, 2014 to January 11, 2019 while obtaining installment financing loans of 17,400,000 won from the victim E Co., Ltd., the Defendant set up a collateral security right under the victim’s name of 17,40,000 won at the bond value on the relevant car around December 16, 2013.

Nevertheless, since March 2014, the Defendant borrowed 5 million won from the pawned Hall of F in the G in the G in the G in the Gangwon-gun, which was around that time, and delivered the vehicle as collateral to the victim.

Accordingly, the defendant concealed his own property, which is the object of the victim company's right, and obstructed the victim company's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application for installment financing contract, request for payment of the price of goods to be paid, inquiry of the balance of claims, and current status of deposits;

1. Application of the register of automobiles statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Reasons for sentencing under Article 323 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [decision of a type] Obstruction of Exercise of Rights, etc. (Obstruction of Rights, etc.) (the scope of recommending area and recommending range] basic area, six months to one year from imprisonment.

3. Determination of sentence: The sentence of imprisonment shall be imposed to the defendant in consideration of the fact that the defendant has escaped from the criminal investigation for April, the damage caused by the crime has not been recovered, and the residence of the defendant has not been specified and social ties, and the damage scale is not so significant, and the defendant has no same power and no record of punishment other than twice of the fine, the sentencing guidelines shall be recommended.

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