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Reasons
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(영문) 대구지방법원 2017.11.28 2017고단3978
권리행사방해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 25, 2013, the Defendant agreed to pay KRW 797,913 monthly loans of KRW 388,000 to the Plaintiff’s Hyundai Capital Co., Ltd. for 60 months from the purchase price of the vehicle at KRW 388,80,000,000 to the Busan Metropolitan Branch of Busan Metropolitan City. On January 25, 2013, the Defendant set up a right to collateral security of KRW 38,80,000 as the obligee as the obligee, the Defendant as the obligor, and the maximum amount of the bond amount.

Nevertheless, on January 2014, the Defendant, on the condition that he borrowed 10 million won from a police officer in early 2014, concealed his whereabouts to a bond company, thereby hindering the victim from exercising his rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Complaint;

1. Application of Acts and subordinate statutes of the Motor Vehicle Register for Hyundai Capital, certificate of seal impression, business registration certificate, notification of transfer of bonds and acceptance of entrustment, and application of the ledger of motor vehicle registration;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant provided a mortgaged motor vehicle as collateral with money to another person, and thus has not been repaid at all up to the present time, is disadvantageous; however, there is no record of the confession of the instant crime and the two times of punishment; there is no record of punishment other than the fine; the Defendant’s age, sexual behavior, environment, family relationship, motive or circumstance of the crime, and all other factors of sentencing, including the following:

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