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(영문) 수원지방법원 안산지원 2015.11.10 2015고단2622
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant, at the office of “C” located in Ansan-si, a member B, borrowed 16 million won as the price for a motor vehicle from the victim capital for 36 months on the condition that he/she redeems the principal and interest of 494,030 won each month for 36 months. Around July 1, 2014, the Defendant set up a collateral security on the said motor vehicle with the mortgagee as the victim and the claim amount of eight million won as the victim.

After that, the Defendant borrowed KRW 10 million from F on January 30, 2015 when he paid the principal and interest only until December 2014, and transferred or registered the said car as security and made it impossible to identify the location of the said car, thereby hindering the victim’s exercise of rights by concealing the car which became the object of the mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the written complaint, agreement of installment financing, deposit statement, and register of automobiles Acts and subordinate statutes; and

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Obstruction of Exercise of Rights and Obstructions (Interference with Exercise of Rights and Obstructions) : Consideration of all other favorable conditions for sentencing under Article 51 of the Criminal Act, including the fact that the principal and interest of the unpaid portion is less than 15 million won, the fact that the damage has not been recovered, etc.: the defendant reflects the mistake, that the amount of damage is not much weighted, that there is no criminal record exceeding the same kind and fine, and that there is no criminal record.

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