(영문) 청주지방법원 2016.11.29 2016고단993

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(영문) 청주지방법원 2016.11.29 2016고단993

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for three 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

Around November 18, 2010, the Defendant purchased D NewSM5 car in the name of the Defendant at the agency located in Heak-gu Seoul Special Metropolitan City Co., Ltd. in the name of the Defendant, on the condition that the purchase price of the said car shall be 20,170,000 won per annum 6.9%, and the purchase price of the said car shall be 48 months from November 18, 2010 to November 21, 2014, and on the condition that the said car shall be repaid for 48 months from November 25, 2010.

In around 2012, the Defendant paid the principal and interest of 23 minutes out of the borrowed money to the victim, but did not pay the above borrowed money any longer thereafter and did not have any economic circumstances. In Daejeon Metropolitan City, the Defendant transferred the said car to the victim with the Defendant’s certificate of personal seal impression, the vehicle registration certificate, and the vehicle abandonment certificate, so that the location of the said car becomes unknown.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A complaint;

1. Application of installment financing and loan agreements, and the register of automobiles statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (amended by Presidential Decree No. 2010, Jan. 8, 2009) in the event that an intentional act is committed in the mitigated area (amended by Presidential Decree No. 2010, Jan. 2, 2009) (amended by Presidential Decree No. 2010, Jan. 2, 2009).

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제323조

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