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(영문) 수원지방법원 안양지원 2016.07.19 2016고단353
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

[criminal history] On February 2, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc., in a capital support in Suwon Franchisium, and the judgment became final and conclusive on February 10, 2015.

[2] On April 10, 2014, the Defendant: (a) purchased a high-class car from “(DD) No. C-201 located in Ocheon-gu, Ocheon-gu, Seoul; (b) obtained a loan of KRW 16.1 million from the victim Hyundai Capital Co., Ltd.; and (c) paid the purchase price for a car; and (d) made a registration of the establishment of a mortgage as the mortgagee for the car of the above Belgium-gu as the mortgagee around the 14th of the same month.

After that, the Defendant was in mind to raise a living cost by selling the said car with the difficulty of living at the workplace, and on October 2014, the Defendant transferred the said car to the deceased in the G parking lot located in F in the Suwon-si, Suwon-si, Suwon-si and transferred the said car to the deceased in the name of KRW 3 million, thereby hindering the victim’s exercise of rights by concealing things which were the object of the victim’s mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. The motor vehicle registration ledger, a detailed statement of payment, and a report not to deliver each motor vehicle;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (reports related to ex post facto concurrent crimes);

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines recommended] - the reason for sentencing under Article 62-2 of the Criminal Act - the fact that the sentencing guidelines are not applicable in the relationship of single concurrent crimes after Article 37 of the Criminal Act [the decision of sentence] - the circumstances favorable to the defendant's wrong recognition and reflects his fault. The crime of this case is in the relationship of special larceny, etc. for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and thus it is necessary to take into account

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