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(영문) 대구지방법원 2017.10.17 2017고단4190
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2014, the Defendant: (a) borrowed KRW 18,00,000 from the Plaintiff’s Hyundai Capital Co., Ltd. (hereinafter “B”); and (b) borrowed KRW 9,000,000 from the name in the name of the lending business entity C at a place where it is difficult to know at the above time and at the same time when the said loan was not repaid; (c) concealed the said car as a collateral and prevented the victimized person from compensating for the said loan; and (d) obstructed the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of a complaint-a written statement, the receipt and processing of an application for registration, the notification of transfer of claims, the notification of transfer of assets, the contract, the notification of transfer of claims, the examination table, the application for modern and extra loan loan, the examination information, the registration certificate, and the application of statutes of the register of automobile registration;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] that prevent the exercise of the right, which is set forth in the sentencing guidelines, and there are no types 1 (Interference with the exercise of the right) [the scope of recommended punishment] [the scope of recommended punishment] and the basic area [the scope of recommended punishment] from six months to one year

3. In this case, the decision of sentence is a planned crime that prevents the exercise of the victim's rights by borrowing KRW 18 million from the injured person for the purpose of obtaining a loan from the person who suffered the vehicle as collateral and borrowing money from the bond company even though the defendant ordered the victim to set up a collateral on the purchased vehicle, and delivering the instant vehicle to the bond company as collateral, which is a planned crime that prevents the exercise of the victim's rights; a approximately KRW 14 million out of the loan to the victim has not yet been paid to the bond company; and the defendant has repaid the loan to the bond company.

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