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(영문) 의정부지방법원 2018.05.02 2018고단547
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the District Court on April 21, 2015 and stated in the facts charged on July 23, 2015 as " July 16, 2015," but it is obvious that the judgment is a clerical error.

[2] On January 9, 2013, the Defendant: (a) obtained a loan of KRW 36 million from the victim Hyundai Capital Co., Ltd. to purchase a passenger car at the agencies of Hyundai Motor C in the Namyang-si, Namyang-si; and (b) obtained a loan of KRW 547,00,000 from the victim Hyundai Capital Co., Ltd. to KRW 8.6% and the installment period of KRW 60,000,000 from the above loan; and (c) established a mortgage of KRW 36,00,00

On June 2013, the Defendant: (a) received KRW 7 million from a credit service provider in a market, and transferred possession of the said vehicle to E in a market; and (b) concealed its own goods that became the object of another’s rights, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application form for Hyundai Capital Vehicles and the original register of automobile registration;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (the records of property crimes);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

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