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(영문) 수원지방법원 성남지원 2017.09.13 2016고단3985
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 8, 2014, the Defendant purchased D New Zealand bus vehicles, and decided to repay KRW 1,995,718 each month in the way of equal repayment of principal and interest for 60 months to the victim Hyundai Capital Co., Ltd., and borrowed KRW 92 million from the victim company, and set up a mortgage on the above bus, which is owned by C in the same day as a security, in the name of the victim, with the bond value of KRW 64,40,00 in the name of the victim.

Nevertheless, as the Defendant was unable to repay the above loan to the victim, the Defendant moved the above bus stored in the next notice of the KABC on October 2015 to the Gyeonggi bus parking lot located in the BU-dong-dong of Gwangju City.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The original register of motor vehicle registration, including examination marks, loan contracts, etc.;

1. Application of Acts and subordinate statutes on the decision of support to the Sungnam branch, the document of support to the Suwon branch, the protocol of non-delivery of a motor vehicle, and the details of claims;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing];

2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for one year / [Judgment] Imprisonment with prison labor for six months may be taken into account that the defendant confessions himself/herself for six months, and that part of the loan has been repaid.

However, in order to prevent the cancellation of the transport business license or the decline in the total vehicle price, considering the fact that the Defendant concealed the auction of the instant vehicle so that it does not proceed, and fails to repay the remainder of the loan without delivery until now, and is unable to resolve it for a long time, a sentence of imprisonment is inevitable.

(2).

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