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Reasons
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(영문) 광주지방법원 순천지원 2019.11.29 2019고단2037
권리행사방해
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 28, 2018, the Defendant: (a) purchased a B-hand car at a Buddhist place in Incheon, and (b) borrowed KRW 18,000,000 from the victim C Co., Ltd. on condition of 60 months to offer it as security; and (c) set up a collateral security right of KRW 9,000,000 for the bond price to the said victim.

Nevertheless, the Defendant, after paying only five times the principal and interest of the loan, did not pay the principal and interest of the loan after September 10, 2018, and sold the said car on the medium and high-end trading around September 18, 2018 and concealed the said car in such a way that the victim cannot be identified.

Accordingly, the defendant concealed the vehicle that is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A complaint;

1. Investigation report (to hear statements from a witness E phone who delivers a vehicle of this case by a suspect A);

1. Application of Acts and subordinate statutes concerning an application for debate, an agreement of mistake, and a certified copy of the register of automobiles;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered in consideration of the following factors: The defendant's mistake is against the defendant's recognition of his mistake, the defendant's smooth agreement is reached with the victim, the defendant has no record of punishment heavier than the suspension of execution, and the defendant's age, character and conduct, environment, health conditions, motive and result of the crime, and the circumstances after the crime, etc.

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