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(영문) 서울서부지방법원 2019.08.21 2019고단2153
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2015, the Defendant concluded a motor vehicle loan agreement with the victim E Co., Ltd. (hereinafter referred to as “victim,” and the transferee and transferee of bonds: F Co., Ltd.) with the term “loan: 26,00,000 won: 15.9% per annum: repayment period: 36 months: and payment period: 92,79 won per annum in the name of the victim, and created a mortgage equivalent to KRW 18,200,000 in the name of the victim on the said motor vehicle.

Nevertheless, around August 2015, the defendant sold the above vehicle to the bond company in the non-permanent area of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as Yeongdeungpo-gu) in KRW 3,00,000 and made it considerably difficult to grasp the location of the above vehicle.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application for installment financing and debate, and application of Acts and subordinate statutes of the written agreement on installment financing and debate;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. The determination of a sentence of maximum debt amount of 18,200,000 won prevents the exercise of rights by the victim company by concealing a passenger car with a right to collateral security, and the two-month payment has not been recovered except for the repayment of the two-month payment. However, the defendant appears to recognize and reflect the crime of this case, and there was no record of punishment exceeding the fine within 30 years, and there was no record of punishment.

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