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(영문) 인천지방법원 2018.10.11 2018고단6070
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 March 20, 2015, the Defendant purchased BM3 car at the seat of HM3 car located in 1428, as the two parts of Gangdong-gu Seoul, Seoul, and set up a mortgage on the said car in the name of the victim as to the said car owned by the Defendant on the same day, with the amount of KRW 237,922 per month changed for 60 months to Korea Social Services Co., Ltd., Ltd., Ltd., the victim Alci for social service, and agreed to repay the principal and interest after the end of the repayment period of the principal and interest or return the said car. The Defendant borrowed KRW 16,00,000 from the damaged person, and established a mortgage on the said car in the name of the victim as to the said car owned by the Defendant on the same day.

Nevertheless, on March 20, 2015, the Defendant borrowed KRW 8 million to C at a place where it is not known from March 20, 2015, and made it difficult for the Defendant to exercise the mortgage by allowing the said vehicle to be transferred to C for the purpose of security and its location is unknown.

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. Statement made by the police against D;

1. A copy of an application for side financing;

1. Repayment lines;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger A and B;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right;

2. The fact that the Defendant, from the beginning, purchased a vehicle from the beginning to offer it to another person as a security, eventually, caused monetary damage to the victim by failing to recover the vehicle, and that the said vehicle is likely to be used as the so-called “large-sized vehicle,” etc. is disadvantageous to the Defendant. The Defendant was committed at the time of and against the crime, and the said vehicle was loaned as a security.

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