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(영문) 서울중앙지방법원 2016.06.09 2016고단2783
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On February 12, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court, and the prosecutor’s appeal was dismissed in the same court, and the judgment becomes final and conclusive on April 29, 2016.

[2] On January 12, 2015, the Defendant: (a) purchased 30,307,000 SM5 cars at the location of HM5 car D located in Seongbuk-gu, Sungnam-si; and (b) provided 24,243,00 won from the social Korea by the victim Alcia Co., Ltd. to offer the said 16Ma9720 vehicles as security; and (c) established a mortgage on the mortgagee’s “A”, “A”, “1,460,00 won”, and “1,60,000 won.

On May 2015, the Defendant provided the above vehicle as a collateral to the pawnban, and obstructed the exercise of the rights of the said victim by avoiding contact with the victim, making it impossible to detect the location of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of E;

1. Filing a complaint, the register of motor vehicle registration, the current status of deposits in preparation for redemption, and application of statutes on installment financing of motor vehicles;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act (including favorable circumstances as seen below) is that the nature of the instant crime is light in light of the background and method of the instant crime.

Although it can not be said, the defendant's mistake is in profoundly against his own fault, and the amount of damage is relatively large.

In addition, the injured party does not want to be punished by the defendant by agreement with only one victim.

The defendant has three children who are not good in health and are under the age of three, and there seems to be no person who supports them at present, and family seems to be in a very poor condition.

The Defendant was punished several times prior to the instant crime.

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