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(영문) 전주지방법원 2018.08.16 2018고단789
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 January 6, 2015, the Defendant purchased one car with the highest B investment vehicle around 2015, and took out a loan of KRW 25.1 million from Hyundai Capital Co., Ltd. for 60 months, and entered into a contract for a vehicle installment loan on the condition that 495,827 won is repaid on the 20th day of each month, and established a mortgage on the said car in the name of Hyundai Capital Co., Ltd. as security.

However, in March 2015, the Defendant borrowed KRW 5 million to C, a credit service provider, from the Jinwon-gun, North Korea, and offered the said car as security, but eventually, the Defendant could not recover the location of the said car without paying the loan.

Accordingly, around May 20, 2016, the Defendant concealed the said low-priced car owned by the Defendant, which was the object of the Defendant’s right to the company specialized in the securitization-related company, which was transferred by Hyundai Capital Co., Ltd. around May 20, 201, and obstructed the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of a complaint, a certificate of the fact of a new installment contract, a notice of assignment and acceptance of claims, and the application of statutes on motor vehicle registration

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] that interfere with the exercise of rights, etc. and the exercise of rights, etc.] and there is no person who is in need of special sentencing [the scope of the recommended punishment] from June to one year (the basic area];

2. In light of the following circumstances: (a) even if the Defendant was to obtain a loan of KRW 25,100,000,000 from the vehicle purchase fund and gave a mortgage of KRW 5020,000,000 to transfer the instant vehicle to another person; (b) the Defendant’s overdue loan doctrine is more than the value of the mortgage and is not recovered from the damage; and (c) the Defendant committed the instant crime only two months after the Defendant obtained a mortgage and received a loan.

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