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(영문) 수원지방법원 성남지원 2017.08.09 2017고단85
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On January 23, 2014, the Defendant purchased B rocketing car at the school seat of Hyundai Motor Vehicle located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and received a loan of KRW 30,500,000 from the victim Hyundai Capital Co., Ltd., and on January 27, 2014, the Defendant established a mortgage on the said vehicle’s mortgagee’s “Mo Capital Co., Ltd.”, the bond value of KRW 30,500,000.

However, on December 2, 2014, the Defendant borrowed KRW 8,000,00 from a credit service provider in the name in the name of the company near the Gyeongcheon-si Mancheon-si and the 8,000,000 from the near the Mancheon-si Man-si Man-si. In order to prevent damage to the above vehicle from finding

Accordingly, the defendant concealed the above vehicle which was the object of the victim's mortgage and interfered with the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a copy of a loan application, notification of transfer of claims and acceptance of entrustment, peremptory notice to the exercise of right to collateral security, and automobile registration ledger (A and B);

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing];

2. The sentence shall be sentenced in light of the following: (a) a sentence of imprisonment for six months [Judgment]; (b) a sentence of imprisonment for four months; (c) a sentence of imprisonment for a period of 27 million won shall be imposed; (d) the Defendant deposited KRW 2 million; and (e) the most damage has not been recovered until two years have passed; and (e) a sentence of imprisonment for a period of 2 years has been made no longer available to the credit service provider due to the non-name transfer.

However, the defendant's confession, and the fact that the defendant has no record of the same kind of crime is considered as favorable circumstances. In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are the circumstances after the crime.

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