logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.10.31 2017고단4382
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 October 19, 2012, the Defendant purchased at the Barun Office in Incheon, Nam-gu, Incheon, 58, a set of KRW 32,000,000 (the repayment period, KRW 36,000,000 per month, and KRW 867,940 on October 23, 2012, the Defendant borrowed KRW 20,770,000 (the repayment period, KRW 36,67,940 per month) from Hyundai Capital Co., Ltd. as the fund for the purchase of used cars, and created a right to collateral security against the said loan in the name of the victim with respect to the said car around October 23, 2012.

After that, since the Defendant began to pay the above installment from February 2013, in a situation where the right to collateral security can be exercised with respect to the above passenger car owned by the Defendant for the repayment of the above loan from the injured party later, the Defendant delivered the above passenger car to D without changing the name on October 2013 and made it impossible for the injured party to grasp the location of the said car.

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. A protocol concerning the examination of partially the accused by the prosecution;

1. Each complaint;

1. An application for the certification of the contents (the highest place of delivery of secured vehicles), examination marks, and theory of loan of modern capital;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 323 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] that there is no basic area (6 months to 1 year] [the person who is subject to special sentencing] [the decision of sentencing] that has not been recovered from damage,

The fact that the defendant has no record of punishment of imprisonment without prison labor or more than imprisonment without prison labor, and that the defendant seems to have an attitude to recognize and reflect the crime.

In addition, the records of this case, such as the circumstances, means and methods of the crime of this case, the circumstances after the crime, the age, sex, and environment of the defendant.

arrow