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(영문) 인천지방법원 2017.06.02 2017고단3094
권리행사방해
Text

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 22, 2015, the Defendant entered into a loan agreement with the victim Filisung Capital Co., Ltd. on the equal condition that the amount of KRW 512,476 shall be repaid in 56 months, and received KRW 14 million from the injured party, and purchased B B with the loan, and subsequently, purchased B with the loan, on January 23, 2015, in order to secure the above loan, the Defendant set up a collateral security interest with the victim amounting to KRW 14 million.

Nevertheless, around that time, the Defendant, who was unable to know the personal information in the Buddhist land, was unable to know the location of the said vehicle.

Accordingly, the defendant concealed the vehicle owned by the defendant, which was the object of the victim's mortgage, and obstructed the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the register of motor vehicles to file a complaint, applications for re-loan of motor vehicles and industrial re-loan, and the register of motor vehicles;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Act on the Suspension of Execution [Tangibles] : (i) the basic area of punishment [the scope of recommending punishment], six months to one year [Pronouncement], unfavorable circumstances (in the absence of recovery of damage) [decision], favorable circumstances [the payment of 3.2 million won out of the loan principle], the summary order was issued for the instant crime (including related crimes of the same kind committed at the Incheon District Court 2017 High Court 2883 High Court 2017 High Court 2883 High Court 200 million won and 3 million won was finalized on April 21, 2017; (ii) there was no record of criminal punishment for about 15 years after 202, the defendant recognized his mistake and made efforts to recover damage; (iii) the defendant's environment and environment].

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