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(영문) 수원지방법원 2017.01.19 2016고단775
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 16, 2013, the Defendant purchased BMW car at the lower end of the Seocho-si, Suwon-si, the Defendant received a loan of KRW 35,000,000 per annum from the victim Aju Capital Co., Ltd. at the rate of 18.9% per annum, and 36 months in installments, and granted a loan from the victim Aju Capital Co., Ltd. at the interest rate of 18.9% per annum, and on December 16, 2013, the Defendant created a mortgage on the said car owned by the Defendant as security for the above loan obligation, and the said car was kept by the Defendant.

Although the Defendant kept the said car, which was the object of the victim company’s mortgage, as above, it was impossible for the Defendant to deliver the said car to another person at that time to find out the location of the car, and make it impossible for the Defendant to carry out voluntary auction commencement of the car and compulsory execution according to the attachment decision on November 4, 2014.

Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A complaint filed, and a report on the impossibility of delivering a motor vehicle;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no person [the person who has been subject to special sentencing] [the decision of sentencing] [the person who has been subject to special sentencing] [the decision of sentence] although the defendant paid a part of the installments, the actual amount of damage was about 3,00,000 won, there was a record of having been sentenced several times of punishment, but there was no previous conviction since 2008, and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., should be considered.

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