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대전지방법원 2019.03.20 2019고단185
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On December 4, 2015, the Defendant concluded a motor vehicle loan contract with the victim D Co., Ltd. (ECo.) for a loan of KRW 19,00,000 and interest rate: 21.90 per annum: 48 months; and payment period: KRW 597,584 per month; and around December 15, 2015, the Defendant created a mortgage on the said car under the victim’s name on the bond of KRW 13,300,000.

Nevertheless, on April 2016, the Defendant borrowed KRW 3,00,000 from a person who was absent from his name, and made it considerably difficult to grasp the location of the car on the high seas as security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the complaint, supplement and statement of the F;

1. Application of Acts and subordinate statutes to filing complaints and applications for motor vehicle financing;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type]: Obstruction of Exercise of Exercise of Rights, etc. [Class 1] and no obstruction of exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person]; the basic area of the recommendation; 6 months to 1 years [no person who has been sentenced to general punishment]; and there is no ground for suspension of execution]

3. Determination of sentence: The circumstances favorable to the defendant are that the defendant has repented and reflected his mistake in depth, and that there are some circumstances to consider the motive and circumstances leading to the crime of this case.

On the other hand, the fact that the damage caused by the crime of this case has not been recovered until now is disadvantageous to the defendant.

In addition, this case.

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