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(영문) 서울북부지방법원 2017.11.01 2016고단5620
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 8, 2014, the Defendant purchased Bran HG vehicles with loans of KRW 7.5% per annum from Hyundai Capital Co., Ltd. and KRW 27.2 million in the equal repayment method of principal and interest for 60 months at the point of Hyundai Motor Vehicle Network located in Jung-gu Seoul, Jung-gu, Seoul, Seoul, and set up a right to collateral security of KRW 27.2 million for the above vehicle on the 10th day of the same month.

The defendant was an employee of a company operated by the defendant on August 2015, even though the defendant agreed not to dispose of the motor vehicle to another person, such as transfer, lease, and establishment of a pledge, without the consent of the victim until installment payments are made in accordance with the above loan agreement.

C transferred the above vehicle to C as retirement allowance.

Accordingly, the defendant concealed his own motor vehicle which was the object of another person's right.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written statements of D;

1. A written application for a capital flight;

1. Application of Acts and subordinate statutes concerning investigation reports (related to receipt of a written statement of vehicle occupant);

1. The reasoning for sentencing under Article 323 of the Criminal Act and Article 323 of the Selection of Punishment Act [the scope of recommended punishment] [the grounds for sentencing] has no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentence] [the defendant's age, sex, behavior, intelligence and environment, relationship with victims, motive, means and consequence of the crime, circumstances after the crime are considered, etc.

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