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(영문) 의정부지방법원 2017.07.19 2015고단3642
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 7, 2014, the Defendant purchased DK3 car at C’s agency located in Ansan-si B, and took out a loan of KRW 13,400,000 (264,704 for a loan period of KRW 60 months and monthly payment of KRW 264,704) from Non-Korean Capital Co., Ltd., and established a right to collateral security on the said car with the maximum amount of KRW 12,80,000 for a claim against the victim as the right holder of the right to collateral security, and delivered the said car to the victim for the purpose of securing the loan of KRW 5,00,000 from the mutual sub-fab on June 16, 2014 while the Defendant kept the said car for the victim.

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. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement protocol by the police for E;

1. Complaint;

1. Application for installment financing, details of receipt compared with the plan, and application of Acts and subordinate statutes on non-delivery of automobiles;

1. Article 323 of the Criminal Act concerning the crime;

1. Although the Defendant was investigated by the police after committing the instant crime in 2014, the Defendant was not present at the trial until then.

In addition, there is no evidence that the damage has been recovered.

In consideration of the defendant's age, sex behavior, circumstances leading to the crime, etc., the sentencing guidelines for sentencing is the basic area of interference with the exercise of rights for 6 months -1 years.

Punishment shall be determined as ordered by the text.

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