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(영문) 의정부지방법원 고양지원 2017.04.19 2017고단245
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 June 23, 2014, in Mapo-gu Seoul, the Defendant agreed to obtain a loan of KRW 37,900,000 from a non-us Capital Co., Ltd. for the vehicle price, and to set up a mortgage at KRW 33,800,000 with a security for the above loan, which is the mortgagee, the victim, the bond price of KRW 33,80,000.

The Defendant purchased the said car from Hyundai Motor Co., Ltd. on the same day in accordance with the foregoing agreement and transferred the said car as a collateral for the bond, even if the Defendant had made a transfer registration under the name of the Defendant on June 26, 2014 and made a mortgage on June 27, 2014 under the name of the victim, the Defendant transferred the said car as the object of the mortgage to the name-free bond company on April 2015.

In this respect, the defendant, who was the object of the victim's right, concealed the car owned by the defendant, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the written complaint and the decision revoking the commencement of auction;

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: A favorable circumstance in which damage recovery is almost impossible: The defendant argued that he was unable to repay the bonds after obtaining automobile security loan in order to obtain the bonds due to economic lack, and that he did not have a criminal record exceeding the fine; the above circumstances include the defendant's age, sexual behavior, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence is determined as ordered by taking full account of the sentencing conditions as shown in the trial process of this case, including the above circumstances.

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