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(영문) 인천지방법원 2018.09.19 2017고단1890
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 20, 2013, the Defendant: (a) obtained a loan of KRW 34 million from the victim Co., Ltd. while purchasing a car with the franchise in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) set up a collateral security on the said car as a person with the lower priority to D Co., Ltd.; and (c) agreed to repay the above debt by equal repayment of principal and interest for the next 60 months.

Nevertheless, on April 2015, the Defendant offered the said car as security by borrowing KRW 8 million from the credit service provider in a name-free place.

Accordingly, the defendant, who was the object of the victim's right, concealed the car owned by the defendant, thereby hindering the victim's exercise of right.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to E’s supplementary statements;

1. The grounds for sentencing under Article 323 of the relevant Act and Article 323 of the Criminal Act for the selection of punishment [the scope of recommended punishment] [the grounds for obstructing the exercise of the right] [the decision of sentence] / [the defendant's age, sex, family, family relation, family environment, motive and means of a crime, circumstances after a crime, etc., shall be comprehensively taken into account the sentencing conditions shown in the trial process of this case, such as the defendant's age, sex, family relation, family environment, motive and means of a crime, and circumstances after a crime, the sentence shall be determined as ordered.

A favorable circumstances: A defendant has no record of punishment otherwise, except that he/she has been punished twice by a fine.

Although the amount of damage was reasonable, damage was not recovered.

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