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(영문) 서울동부지방법원 2014.02.14 2013고단1618
권리행사방해
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 20, 2011, the Defendant purchased a e-mailed car in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and took out a loan of KRW 11,00,000 on a condition of 36 months in the installment period from the victim KK Savings Bank for a passenger car at the rate of 27.9% per annum, the monthly repayment amount of KRW 454,405, and the installment period of KRW 11,00,000 on a condition of 36 months. On December 21, 2011, the Defendant set a collateral security right at KRW 11,00,000 for the above victim bank. As such, the duty to keep the said vehicle until the repayment of the loan was made for the purpose of collateral.

On July 2012, the Defendant violated the above duties, and transferred the said car by borrowing KRW 2.5 million from the bond company, which was unaware of its name, at a location below the Seoul Dongdaemun-gu Seoul Metropolitan Government Funeral Zone.

As a result, the Defendant acquired financial benefits equivalent to the above borrowed money and decided to repay the victim losses (in 36 months, 450,400 won per month, but at the time of the crime, it was the situation in which 6 months have been paid).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect against the F and the accused by the prosecution;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes of the loan agreement, register of automobiles, notification of termination of a loan agreement, etc., and reimbursement inquiry;

1. Relevant Article 355 (2) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have expressed the attitude of recognizing and opposing the facts; (b) the Defendant recovered the instant vehicle on February 2, 2014; and (c) the Defendant’s withdrawal of the instant complaint after 2004; and (d) the Defendant was not less than a suspended sentence due to special larceny, fraud, etc.; and (c) the Defendant was subject to a suspended sentence and a suspended sentence due to a considerable disadvantage.

The age, character and conduct, environment, and environment of the defendant.

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