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(영문) 인천지방법원 2016.05.27 2016고단2213
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant entered into a contract on a security loan with the victim Hyundai Capital Co., Ltd., Ltd., and the automobile security loan with the Defendant, to repay KRW 30,00,000 each month for KRW 592,622 for a period of 60 months, and established a mortgage on the vehicle (D) owned by the Defendant for the victim company.

Defendant: (a) disposed of the said vehicle while the loan to the victim company was in arrears due to the aggravation of financial conditions; (b) received KRW 6,00,000 from a credit service provider with no name in Nam-gu Incheon Metropolitan City from around August 2015; and (c) transferred documents necessary for the transfer of the said vehicle and the said vehicle (certificate of seal impression, vehicle transfer note, vehicle operation permit).

Accordingly, the defendant concealed the object of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A complaint;

1. Application of Acts and subordinate statutes to file an application for vehicle, the ledger of vehicle registration, inquiries into the repayment order, decision of the Incheon District Court, and application of the protocol of impossibility of delivery of automobiles;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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 [Scope of Recommendation] Suspension of Exercise of Right (Interference with Exercise of Right) / [In January to August] Suspension of Punishment (In the case of a person subject to special sentencing] 4 months of imprisonment with prison labor], 1 year of suspended execution is against the defendant, and 1 year of suspended execution is against the defendant, the defendant has no record of punishment heavier than the suspended execution, the defendant does not want the defendant's punishment due to the defendant's smooth agreement with the victim, and the damaged person does not want the defendant's age, sexual behavior, environment, motive and circumstance of the crime, etc., and all the conditions of the sentencing mentioned in the records and the theory of changes in the records of this case including the defendant's age, sexual behavior, motive and circumstance after the crime.

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