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(영문) 인천지방법원 2020.04.23 2020고단1478
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2019, the Defendant purchased CK9 vehicles in Suwon-si, Suwon-si, and entered into a contract for installment financing with the victim D Co., Ltd. to pay 34.2 million won at an annual interest rate of 13.9% and to set up a mortgage on the said vehicle for 60 months after obtaining a loan from the victim D Co., Ltd., and on January 10, 2019, the Defendant set up a mortgage on the said vehicle on the said vehicle.

The Defendant concealed the said vehicle in a manner that makes it difficult to grasp and secure the location of the vehicle by taking over the said vehicle at the time, and transferred it to the life-wise president on the name of the horse, and obstructed the victim's exercise of rights to the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application for mid- and long-term debate, specification of transactions, and register of automobiles statutes;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: Imprisonment with prison labor for ten months, suspension of execution for two years, and circumstances unfavorable to community service order: The crime in this case is not likely to be committed by transferring a vehicle to a third party while the defendant fails to repay the vehicle security loan.

There are few damages.

A favorable circumstances: The defendant recognizes a crime.

Some of the loans seems to have been paid.

There is no record of the same crime.

The above circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions and the above sentencing guidelines stated in the records of this case, including the circumstances after the crime, are considered.

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