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(영문) 서울중앙지방법원 2018.04.18 2018고단925
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 6, 2013, the Defendant: (a) purchased a high-speed car with B high-speed car at the office of the second-hand car in Yongsan-gu at the Goyang-si on March 6, 2013; (b) applied for a “second-hand loan”; and (c) received a loan of KRW 14,500,000 under the pretext of a loan for the second-hand purchase; and (d) set up a mortgage in the name of the victim with the same amount as the maximum amount of the claim for the said car as a security.

Nevertheless, in May 2013, the defendant borrowed 6 million won from the credit service provider in the name of the defendant at the above date and at the above place at a three-month maturity, and offered the above car as security, the above car was dryed to the above credit service provider around May 2013.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Application of the provisions of Acts and subordinate statutes of the Motor Vehicle Registration Register, such as written complaint and examination slip;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. Application of the sentencing criteria;

(a) Determination of type: Interference with exercise of rights, such as interference with exercise of rights, (Article 1);

B. There is no special sentencing factor:

(c) The territory of recommendation and the scope of recommendations: Basic field, imprisonment for up to six months to one year; and

3. Determination of sentence;

(a) Unfavorable circumstances: The fact that the defendant set up a right to collateral security on the car purchased by him with the loan and did not receive most loans from the victim by paying off the car in the condition that he did not repay the loan to only two months after he set up the right to collateral security; and

B. favorable circumstances: The defendant committed the instant crime in a situation that is contrary to the recognition of the instant crime, and is economically difficult.

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