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(영문) 전주지방법원 남원지원 2016.10.18 2016고단153
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2015, the Defendant purchased B QM3 car at the State of Manosung Motor Vehicle located in 602 as the Nam-gu Incheon Metropolitan City, the Defendant obtained from the Korea Social Services Korea (State) of Maisung, the victim, an automobile installment loan with the amounting to 24,50,000 won of the principal to be paid in installments in 36 months. On June 15, 2015, the Defendant established a collateral security on the said car for the victim at the State of Manosung Motor Vehicle located in 602.

Nevertheless, around August 2015, the Defendant borrowed 6 million won from a person who was unable to obtain his name (C) in the car page located in the Namdong-gu Incheon Metropolitan City (hereinafter “C”), and delivered the said car to the person who was not the party who was not the party in whose name it was transferred for security, making it difficult to discover the location.

Ultimately, the Defendant concealed the Defendant’s car that became the object of the victim’s right, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of an agreement of installment motor vehicle construction, a written confirmation of motor vehicle registration information, and the provisions of subordinate statutes of the chassis;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Obstruction of Exercise of Rights (Obstruction of Rights) No person who does not have a basic area (6 to 1 year) [decision of sentence] / Determination of sentence / The victim’s damage is high, such as the victim’s mortgage right of 12.3 million won is established in the instant automobile in the future, and the defendant’s overdue payment of 10 million won in installments exceeds about 24 million won, and the amount of the principal which the defendant is to pay is to pay, and the victim wants to be punished, and the defendant did not take any measure for the recovery of damage.

However, it appears that the defendant appears to reflect, and the fact that there is no other criminal records except for those sentenced to a fine of 300,000 won for a double-class crime, shall be considered in favor of the defendant, and all other sentencing conditions shall be

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