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(영문) 의정부지방법원 고양지원 2016.10.27 2015고단2934
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, around August 13, 2012, purchased DNA 5 car with a mortgage of "the mortgagee: the victim Alphals Korea Co., Ltd., and the bond value: 3.20,000 won" from C around August 13, 2012, the Defendant succeeded to KRW 16,90,000 of the remaining debt unpaid after borrowing KRW 19,60,000 from the victim, and paid KRW 30,000 per month to the victim for about 33 months, and KRW 9,410,000 after 333 months.

Nevertheless, on September 2014, the Defendant received a loan from an off-fash bond company at an off-fash place and delivered the said car to the bond company, thereby making it considerably difficult to discover the location of the said car.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a written decision, title change contract;

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria (determination of a type), obstruction of exercise of a right, obstruction of a right, etc., and no type 1 (a person specially punished) (a person recommended to make a decision), basic area, 6 months of imprisonment, and 1 years.

3. Two years of suspended sentence in the month of imprisonment with prison labor for which the sentence is sentenced (the details and results of the criminal conduct, the extent of the remaining original amount, the age, character, conduct and criminal records, etc. of the criminal defendant);

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