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(영문) 의정부지방법원 2018.01.25 2017고단1543
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2011, the Defendant provided a security to the victim when the Defendant borrowed KRW 25 million from the victim Hyundai Capital Co., Ltd. on or around January 5, 2010, the Defendant concealed Eystrentotos in the form of transfer without the consent of the damaged party, which is the object of the victim’s mortgage, to the victim, and obstructed the victim’s exercise of rights by concealing the Eststrentos in the form of transfer without the consent of the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application for a loan of funds to purchase motor vehicles, brief statement, and personal credit information, and written consent for the provision and utilization thereof;

1. The application form/agreement for the membership of the modern capital member;

1. Confirmation of automobile sales contract;

1. An agreement on loans for purchasing motor vehicles;

1. Original Register of Automobile Registration;

1. Notice of transfer of claims and acceptance of entrustment;

1. A motor vehicle transfer certificate, a vehicle liability sheet, a receipt, and a letter of commitment;

1. Towing, taking over, and taking over, each letter following the renunciation of a motor vehicle;

1. Transfer of a motor vehicle;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to the date and time of crime and details of vehicle prices);

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

1. Class 1 (Interference with Exercise of Rights) of the type of crime interfering with the exercise of rights of the complainant for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the sentencing guidelines) [the sentencing guidelines] interference with the exercise of rights, etc. (the person subject to special sentencing] mitigation area: The mitigated area of punishment [including efforts to recover damage]: The defendant reflects wrongs by the defendant for not more than eight months: the defendant collected the vehicle to Jeju-do and applied for a public auction; the defendant collected the vehicle to Jeju-do and applied for a public auction; the defendant did not want the defendant to be punished by a mutual agreement with the complainant company after the closure of pleadings; and the defendant did

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