logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2019.05.21 2018고단97
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 20, 2013, the Defendant purchased D SP car at the point of Ulsan Nam-gu, Ulsan-gu, Seoul, with a loan of KRW 35 million from the victim E Co., Ltd., and paid the vehicle cost, and set up a collateral security on the said car as the victim company as a right holder.

Nevertheless, while the Defendant did not repay the loan, it is difficult for the Defendant to understand the location of the said car on the condition that the Plaintiff borrowed KRW 10 million from the pawned company with no knowledge of its trade name at a place where it is impossible to identify the location of the said car while delivering the said car on the condition that the Defendant borrowed KRW 10 million from the pawned company, and did not grasp the personal information, location, etc. of the operator of the pawned company, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the register of D vehicle, loan contract, notification of assignment and entrustment of claim, register of automobile, asset transfer and acceptance contract, and maximum Acts and subordinate statutes of exercise of mortgage right;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the reasons for sentencing selective to imprisonment;

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

2. The scope of recommendation [decision of a punishment] No type 1 (Obstruction of Exercise of Rights) (a person with a special punishment) (a person with a special punishment) is included in the scope of recommendation [a person with a special punishment] 6-1 year (a basic area).

3. Determination of sentence shall be made as ordered in consideration of the fact that the damage has not been recovered until the date of adjudication, the fact that the defendant is currently missing, and other all the circumstances that conditions for sentencing, such as his age, character and conduct and environment, etc.

arrow