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(영문) 의정부지방법원 2018.11.16 2018고단3452
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in daily labor business, and the victim B corporation is a specialized credit financial business company, which is established with the purpose of providing customers who purchase automobiles with automobile installments and leases.

On August 10, 2015, the Defendant purchased a more E- News Roster in D offices located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and received a loan of KRW 23 million from the victim company on the condition that the victim company redeems KRW 723,391 per month in the equal repayment method of principal and interest on the 10th of each month between 48 months, and provided the victim company with a right to collateral security at KRW 16,100,000 in the victim company’s future bond value.

The Defendant received demand from the injured party for delivery of the vehicle for exercising the right to collateral security by telephone or mail on March 2016, because the payment of KRW 5,05,867 was made on seven occasions and the installment payment was not made for two months or more.

However, on October 14, 2015, the Defendant transferred the said vehicle to the obligee in front of the detached house located in the Geum-dong, Geum-dong, Sin-si on the name of the Defendant and made it difficult to find the location thereof difficult for the Defendant to exercise the right to collateral security established on the vehicle.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Part A of the Automobile Registration Register (E) Acts and subordinate statutes;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing guidelines (a type of determination), a crime interfering with the exercise of rights, interference with the exercise of rights, etc., one type of punishment (Scope of punishment recommended), six months of imprisonment, or one year (basic domain).

3. Determination of sentence;

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