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(영문) 수원지방법원 2018.03.26 2017고단7694
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 9, 2011, the Defendant: (a) purchased the Defendant’s high-speed car at the point of Gangseo-gu Seoul Airport, Seoul, 41, and (b) took out a loan of KRW 27,50,000 for the purchase of the said car; and (c) provided the said car as security; and (d) provided the said car as a mortgage with the bond value of KRW 27,50,000,000 and Hyundai Capital Co., Ltd. with mortgagees.

However, on September 201, the Defendant received a loan of KRW 8 million from an infinite borrower in Ansan-si, and offered the said car as security.

Accordingly, the Defendant concealed the above passenger vehicles, which became the object of the mortgage, and obstructed the exercise of the mortgage by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The following inquiry, inquiry into information about purchase of mandatory insurance, application of installment financing agreements, and application of Acts and subordinate statutes of the original register of motor vehicle registration;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no (6-1 year to interfere with the exercise of rights) basic area (6-1 year) [Judgment of sentencing] [Judgment of sentencing] L/C transfer a vehicle purchased with a loan to a bond business operator to cause serious damage to the victim, and most of the damage was not recovered, the defendant is in conflict with the confession of the instant crime, the fact that there is no criminal history of the same kind of crime, and the circumstances of the crime, etc.

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