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(영문) 서울남부지방법원 2017.09.21 2017고단3631
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 30, 2013, the Defendant agreed to pay monthly installments over 60 months to the victim Hyundai Capital Co., Ltd. as well as employees in charge of the name in the name of Hyundai Capital Co., Ltd., and 60 months when purchasing B SP car at the point of south of the Seocho-gu Seoul Metropolitan Government at the point of south of the Republic of Korea. On November 4, 2013, the Defendant set up a mortgage on the said car at the price of bonds 24.6 million won.

On July 2015 to August 8, 2015, the Defendant loaned KRW 10 million from an influence borrower at a non-fluence place and delivered the said car.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the complaint, examination slip, loan application form, and original register of motor vehicle registration;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order did not discharge the obligation equivalent to KRW 20 million, and the victim’s exercise of rights was not prevented even though he did not transfer the mortgaged motor vehicle to a non-afforesting service provider, which is the object of the security, to use it as gambling funds.

Many criminal records have been punished due to fraud, occupational embezzlement, etc.

The punishment as ordered shall be determined in consideration of the age, sex, environment, circumstances, degree of damage, circumstances after the crime, etc. of the defendant.

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