logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.09.21 2016고단1533
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 27, 2014, the Defendant borrowed installment financing on the condition that the Defendant would pay approximately KRW 798,000,000 per month to KRW 21,80,000, out of the purchase price of the above vehicle from Korea Social Co., Ltd. when purchasing one of the above vehicles under the name of the Defendant at the office of “C” located in Gangseo-gu Seoul Metropolitan Government (Seoul) around March 27, 2014, the Defendant secured the said company with a mortgage of KRW 10,90,000 for the above vehicle as security.

On April 2015, the Defendant borrowed KRW 11,00,000 from the seat of the Defendant, whose name is unknown at that time, and concealed the location of the said vehicle from the victim company, even though the Defendant received a request for payment of installments and delivery of the vehicle from the employees belonging to the victim case capital, where the Defendant was merged with the said company for the reason of delinquency in installments.

In this respect, the defendant concealed his own property which is the object of the mortgage of the victim, thereby hindering the exercise of the right to exercise the mortgage of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to copies, such as a loan application, and copies of the motor vehicle registration ledger;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the exercise of rights, such as the exercise of rights (one type) (the area of recommended punishment and the scope of recommended punishment] and the basic area of punishment, six months of imprisonment or one year.

3. In light of the fact that the sentence of sentence has not yet been restored to the present date, the fact that the defendant reflects his mistake, that the defendant paid 10 times after the purchase of the instant vehicle, that there was no previous conviction, and that there was no record of the same kind.

arrow