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(영문) 인천지방법원 부천지원 2019.09.24 2019고단825
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

Around September 13, 2017, the Defendant purchased a vehicle with D's low-end D' from a high-end trading store located in Bupyeong-gu, Incheon Metropolitan City, with a loan period of 48 months and the agreed interest rate of 21.9%. On September 15, 2017, the Defendant borrowed 21,000,000 won from the victim E-gu in the above vehicle as a collateral security interest rate of 10,50,000 won. However, around April 5, 2018, the Defendant issued a mortgage on the said vehicle with a mortgagee E-A, mortgage holders and debtors, the Defendant, and the Defendant, and the bond value of 10,50,000 won.

Accordingly, the defendant concealed his own property which is the object of another person's right or possession, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of the police statement;

1. Application for a mid- and long-term debate, application for an agreement, register of automobiles, and application of Acts and subordinate statutes concerning the impossibility of delivery;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction, etc. of another’s exercise of rights [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person] and the basic area of recommendation, six months to one year;

2. Determination of sentence: The defendant's age, environment, character and conduct, motive and means of a crime, and the fact that the damage to the victim for six months of imprisonment and two years of suspended execution has not been recovered is unfavorable to the defendant; however, the defendant recognizes the crime of this case and reflects it; the defendant has no record of punishment for the same crime; the defendant has no record of punishment exceeding the fine; and the defendant appears to have caused the case by deception from A, etc. are considered as favorable to the defendant.

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