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(영문) 수원지방법원 성남지원 2017.09.14 2016고단3017
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

The Defendant is the Cradarian in Gangnam-gu Seoul, Gangnam-gu, Seoul, on March 20, 2013.

On April 2, 2013, 201, BCC 2.06,305,000 (hereinafter “BCC 2.0,305,000) purchased one car price in the halog sales store, and paid 6,305,000 won in advance. After entering into a contract for a car loan contract with the victim Hyundai Capital Co., Ltd. and the victim's amounting to 40,000,000 won, it set up a mortgage on the said car as collateral for the above loan.

Nevertheless, around August 2013, the Defendant delivered the said car to the non-creditors in the non-permanent location of Jongno-gu Seoul Metropolitan Government Jongno-gu District, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of an application for loans from non-motor vehicles and individual payment details under Acts and subordinate statutes;

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 (including the following favorable circumstances, etc.):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was given a loan from the injured party for the purchase price of the vehicle in the situation where it is difficult to pay the normal installment, and the crime is not good to have the injured party arbitrarily dispose of the vehicle provided as a security and eventually cause the injured party to incur damages which

However, considering favorable circumstances, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the sentencing conditions specified in the trial process of this case shall be determined in full view of the following: (a) there is no criminal conviction for the defendant; (b) there is no punishment exceeding the fine; (c) the business of the defendant was committed in the absence of bankruptcy; and (d) the victim was not punished.

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