(영문) 인천지방법원 2017.06.09 2017고단3159

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(영문) 인천지방법원 2017.06.09 2017고단3159

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 16, 2014, the Defendant purchased B K7 car at 20,000,000 Do 745-ro 745, Gangnam-gu, Seoul, Seoul, and established a mortgage (the bond value of KRW 21,00,000) on the said car as a creditor by obtaining a loan of KRW 21,00,000 from the victim Hyundai Capital Co., Ltd.

However, by July 15, 2014, the Defendant paid the above loan amounting to KRW 4,858,339,00,000, and the remainder of the loan amounting to KRW 16,141,661 was not repaid. Around that time, the Defendant borrowed KRW 5,80,00 from the used vehicle dealer of C, who was unaware of personal information other than his name, and transferred the said car to the said C.

Accordingly, the defendant concealed goods that are the object of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the written complaint, an application for middle loan, an application for registration of a motor vehicle, an original register of a motor vehicle, a list of claims, an order for delivery of a motor vehicle prior to a request

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (amended by Act No. 62(1) of the Act on the Suspension of Execution (amended by Act No. 48555, Feb. 1, 2007) (the scope of recommended punishment), the basic area of the punishment [the scope of the punishment], six months to one year [the sentence], the ordinary circumstances (the repayment of KRW 4,858,339 out of the amount of loan), favorable circumstances (the repayment of KRW 4,858,39 out of the amount of loan), the fact that there is no record of a crime exceeding the amount of punishment or fine, the fact that there is no record of a crime exceeding the amount of punishment for the same kind of crime, the fact that the defendant recognizes and reflects the crime) and all other circumstances revealed in

참조조문

-형법 제62조 제1항

-형법 제323조

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