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(영문) 수원지방법원 평택지원 2017.05.31 2017고단139
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant purchased BF car in the used cars trading complex located in the two-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and applied for a loan agreement to repay the principal and interest each month for 48 months to the employees in charge of the victim's Kaf Capital for the amount of loans of KRW 20 million necessary for the purchase of the said vehicle. The said victim company paid KRW 20 million for the purchase of the said vehicle on the same day. On January 28, 2016, the Defendant established a mortgage on the bond price of KRW 10 million for the said B Kaf car.

Nevertheless, on February 2016, the Defendant: (a) transferred the said vehicle to a credit service provider on the street in front of the Korean Marshall, 2016, which was located in the two sub-dong, Seo-gu, Seo-gu, Seocheon-gu; and (b) failed to fully repay the principal and interest of the loan for the said vehicle after July 2016; and (c) failed to execute delivery according to the victim’s voluntary auction decision on October 14 and October 21, 2016, the Defendant concealed the said vehicle.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the medium and long debate, application of each motor vehicle delivery impossible protocol, application of Acts and subordinate statutes of the register of motor vehicles;

1. Relevant legal provisions of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of sentence of imprisonment (within the scope of recommended sentencing guidelines);

1. Application of the sentencing criteria [Scope of the recommended punishment] interference with the exercise of the rights, the basic area (six months to one year);

2. Circumstances favorable to the determination of sentence - The Defendant recognized all the facts of the crime. Unfavorable circumstances - repayment from six installments of the following six installments, with a considerable amount of damage to the victim, and most of the damage was not recovered (the same shall apply when reference materials submitted by the Defendant on May 31, 2017 to the maximum extent favorable to the Defendant). - Loans and automobiles.

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