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(영문) 수원지방법원 2018.12.20 2018고단2262
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 15, 2017, the Defendant: (a) purchased a car from Au A6 D in Seo-gu Incheon, Seo-gu, Incheon; (b) agreed to pay KRW 801,241 per month for 60 months by borrowing KRW 29,90,000 from the victim Hyundai Capital Co., Ltd. for the said car as security; and (c) made a transfer registration of ownership in the name of the Defendant and his father D on June 16, 2017; and (d) decided to pay KRW 14,950,000 per month for the said car as security for the said obligation to the victim.

Since August 2017, the Defendant borrowed KRW 5 million from a credit service provider, whose name is unknown in the day-to-day zone at Thai-si, and made it impossible for the Defendant to deliver the said car to the said credit service provider for the purpose of security and secure its location.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint concerning a loan of light management for a stock company;

1. A supplementary statement of E's complaint;

1. Application of an asset transfer contract, sales certificate, notice of credit transfer, application for a loan from modern capital, certified copy or abstract of the automobile registration ledger (A), certified copy or abstract of the automobile registration ledger (B), certified copy or abstract of the automobile registration ledger, and application of credit account statement Acts and subordinate statutes;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendations] The grounds for sentencing under Article 62-2 of the same Act / [Scope of Recommendations] Exercise of Rights, and the extent of comparative sentencing between the sentences and the recommended sentences that have no basic area (six months to one year) (no person subject to special sentencing): Six months to one year (decision of sentence], and six months to one year (decision of sentence], which are disadvantageous to the defendant: there is no recovery of damage. The circumstances favorable to the defendant:

(b) recognize errors and reflects the same kind of criminal records or suspended execution.

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