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(영문) 창원지방법원 밀양지원 2017.06.29 2017고단156
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 December 31, 2012, the Defendant purchased B-to-be vehicle at the office of the main branch in Hyundai Capital Daegu High School (hereinafter “Seoul High School”) around December 31, 2012, and was granted a loan of KRW 20,000,000 as the principal of the loan, and KRW 48 months as the purchase fund for the said vehicle, and set up a mortgage on the said vehicle in the future of the victim Hyundai Capital Co., Ltd.

Although the Defendant entered into an agreement on the establishment of the right to collateral security as above on December 2014, the Defendant obstructed the Defendant’s exercise of the right to the said vehicle by concealing the said vehicle to a non-exclusive credit service provider in an unspecified place in the Daegu Two-wheeled Park (U.S.) without the consent of the injured party in order to borrow KRW 6 million from the non-exclusive credit service provider.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes of the Loan Application and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing has a mortgage on KRW 10 million among the following circumstances and loans, the defendant's age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined within the scope of recommended punishment according to the sentencing guidelines, taking into account the following circumstances:

Circumstances unfavorable: Circumstances that are favorable to the failure to recover damage: The fact that there is no record of punishment for the same kind of crime;

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