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(영문) 수원지방법원 여주지원 2017.04.21 2017고단119
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 30, 2012, the Defendant borrowed KRW 13,00,000 from Korea Co., Ltd., Ltd., Ltd., Korea Social Services Co., Ltd., for the purpose of purchasing Branchising car car in the trading company of mutually unclaimed used cars located in Silung-si on May 30, 2012. The Defendant agreed to pay KRW 43,333 every month between May 31, 2012 and May 36, 2012, and established a collateral security right of KRW 13,00,000 as a mortgagee on the above vehicle as a collateral for a loan.

Nevertheless, around the end of June 2012, the Defendant borrowed 5.5 million won from the Hando-U.S. Loan in Gangnam-gu, Seoul, the Defendant delivered the said car to the credit service provider as collateral.

Accordingly, the defendant concealed the goods of the defendant, which is 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. A written statement prepared in C;

1. An agreement on a loan for purchasing secondhand stocks;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes on the debtor president;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of punishment by sentence: Imprisonment for one to five years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] that interferes with the exercise of the right, the basic area (six months to one year) (no person who is subject to any special sentencing).

3. The Defendant, at the investigative agency, stated that the Defendant purchased a vehicle from the beginning as a collateral and that there was no installment payment.

Considering that the damage to the victim was not completely recovered until now, the defendant's liability for the crime is light despite the amount of damage.

As it is impossible to select and punish imprisonment.

However, the defendant committed the crime of this case.

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