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(영문) 대전지방법원 천안지원 2018.10.05 2018고단1588
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On February 19, 2014, the Defendant purchased BM3 car at the point of Hyundai Capital, Seoul, and entered into installment financing agreements with the victim Hyundai Capital Co., Ltd. and with the said car as security, which provide the loan principal of KRW 13,300,000, interest rate of KRW 23.4%, and the loan period of KRW 48 months for the said car around February 20, 2014, and set a collateral security right of KRW 13,30,000 for the said car.

From May to June, 2014, the Defendant provided the said vehicle to the creditors of the non-merchants in a name-free place in order to prevent the victim from withdrawing the said vehicle by providing the said vehicle under the name-free shop to the creditor of the non-merchants on the pretext of real repayment.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to an application for heavy loan, a certified copy (A) of the motor vehicle registration ledger, and a certified copy (B) of the motor vehicle registration ledger;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and the circumstances and contents of the instant crime, etc., a punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the nature of the crime is not easy; (b) the restoration of damage was not granted; (c) the Defendant confessions and reflects the instant crime; and (d) the Defendant has no particular criminal record; and (c) the Defendant has no specific

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