logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.11.09 2018고단3105
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 2, 2012, the Defendant discovered an advertisement to the effect that “it is allowed to acquire money as security for a motor vehicle,” while on the Internet in order to raise a living fund, and provided money by purchasing a motor vehicle with a discount loan that “if it is allowed to receive a loan and offer it as security, it may prepare money” from a person in the name of the defendant, and offered it as security.

On December 28, 2012, the Defendant: (a) purchased Drocketing used cars from CA car companies located in Gangseo-gu Seoul Metropolitan Government on December 28, 2012; (b) borrowed KRW 15 million from the victim Hyundai Capital Co., Ltd. to repay KRW 619,643 on the 10th day of each month between 36 months in total; and (c) set up a collateral security on the said car.

After that, on December 2012, the Defendant borrowed KRW 4.9 million from a person who was in the name of the end, and delivered the said vehicle to the person who was in the name of the victim without the consent of the victim company, and the location of the vehicle was unknown.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register to a contract for acquisition of assets, content verification, application for installment loan, and registration;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (six months to one year) [the person who has been subject to special sentencing] [Pronouncement Decision] favorable circumstances: Contrary to the fact that a person has no record of punishment, other than once a fine is imposed, the fact that there is no record of punishment: (a) the fact that the person has no record of punishment, other than once a fine has been imposed: (b) the fact that the person has failed to recover damage except for the fact that he/she has repaid approximately six million won as principal and interest from the end of December 2012 to December 2013; and (c) the defendant's age, sex behavior, environment, motive, background, means, means, and result of the crime.

arrow