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(영문) 의정부지방법원 2017.12.21 2017고단3632
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 July 9, 2013, the Defendant purchased a DB car equivalent to KRW 17,600,000 at the C commercial office located in Yongsan-gu Seoul, Yongsan-gu, Seoul, with a loan of KRW 17,600,000 per month from the victim Hyundai Capital Co., Ltd. to repay KRW 662,00 per month for 36 months. On July 10, 2013, the Defendant set up a mortgage on the said car owned by the Defendant as the bond value of KRW 17,60,000, and the mortgagee as the victim.

On November 2013 to December 12, 2013, the Defendant concealed the location of the passenger car from the method of delivering it to the person who was not the name of the victim for the purpose of securing the said car and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Photographs of electronic records of collection of claims;

1. A contract, sales certificate, and notification of transfer of bonds and acceptance of entrustment of assets;

1. The application of Acts and subordinate statutes to the examination table and the second and second written application;

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

1. Taking into account the following factors: (a) the Defendant, having the reason for sentencing under Article 62(1) of the Criminal Act, was convicted of a fine for the same kind of crime and did not fully recover from damage; (b) the Defendant has made a deposit of KRW 2 million for the victim company; (c) the deposit of KRW 2 million for the victim company was made on December 18, 2017, which was after the closure of pleadings; and (d) the Defendant has no criminal record heavier than the fine; and (e) the Defendant has no criminal record heavier than the fine.

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