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(영문) 청주지방법원 2017.06.23 2017고단835
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a period of three years for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a deceptive act, etc.) in the support of the Chungcheong District Court, and the same year.

9.9 The above judgment was finalized.

On June 17, 2013, the Defendant: (a) purchased one car by E at the D gas station office located in Gwangjin-gu Seoul Special Metropolitan City around June 17, 2013; (b) agreed to borrow KRW 27,700,000 from the victim Hyundai Capital Co., Ltd. to pay the loan principal in installments for 36 months each month; and (c) set up a mortgage on the bond value of KRW 27,700,000 on the said car to secure the loan principal.

Nevertheless, on June 2014, the Defendant received KRW 10,50,000 from a person who was unaware of his name in the vicinity of Yeonsu-gu, Chungcheongnam-si, Chungcheongnam-si and transferred the said car.

Accordingly, the Defendant concealed the damage in order to prevent the victim from exercising the mortgage on the said car, thereby hindering the victim's exercise of the right of the mortgagee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. First, content certification, agreement on acquisition of assets, certified copy or abstract of the register of automobile registration (A), certified copy or abstract of the register of automobile registration (B), or certified copy or abstract of the register of automobile registration (A), in respect of the application for registration of modern capital, credit transfer, and notification of acceptance of entrustment;

1. Complaint;

1. Each investigation report (for 10,16 each time);

1. Previous convictions: References to inquiries, reports on the unwritten previous convictions and results thereof, and application of the provisions of Part I of the Judgment;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: Provided, That the reason for sentencing in the first sentence of Article 39(1) is the fact that the defendant has unfolded and reflected his mistake in depth, and that there is no same criminal record, etc. are favorable to the defendant.

On the other hand, the fact that the defendant did not agree with the victim until now is disadvantageous to the defendant.

In addition, if the defendant had been judged together with the case for which judgment became final and conclusive, the case shall be tried.

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