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(영문) 의정부지방법원 2020.09.17 2019고단3203
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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

On February 24, 2017, the Defendant purchased CenzE20 vehicles at the Do Government Branch B, and provided the said vehicle as security to be purchased by B Co., Ltd. and the Defendant, and entered into an installment contract under the condition that the Defendant would pay KRW 1,792,541 on every fifth month for 36 months.

However, the Defendant paid 24,119,303 installments over 13 occasions in the above installment contract, and did not pay installments thereafter, and concealed the vehicle in a manner that makes it unclear the location of the said vehicle as collateral, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the supplement of complaint and statement in D;

1. Application of Acts and subordinate statutes to a complaint, a written contract for asset acquisition, a notice of assignment of claims, and a report of an investigation into the register of automobiles (the complaint against D);

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

1. Although the errors of the defendant in the reasons for sentencing under Article 62(1) of the Criminal Act are not somewhat weak, the sentence shall be determined as ordered by taking into account the following factors: the defendant's age, character and conduct, environment, means and consequence of the crime, and other favorable circumstances, such as the defendant's age, character and conduct, the means and consequence of the crime, and the circumstances after the crime.

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