logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.09.05 2019고단3379
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 30, 2017, the Defendant: (a) from the victim B of the secondhand car purchase price of KRW 22,00,000 to the secondhand car trading company located in Ansan-si on October 30, 2017; (b) purchased the thirdhand car on the condition of 21.9% interest per annum; and (c) purchased the thirdhand car on the condition of 36 months of the borrowing period; and (d) on the 31st of the same month, the Defendant set up a mortgage on the said freight vehicle at KRW 13,200,

Nevertheless, on August 2018, the Defendant borrowed 7 million won from a borrower of a person who was unable to obtain his/her name, from the Gangwon-gun, and provided the above cargo as collateral, so the location of the vehicle could not be known.

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. Defendant's legal statement;

1. Statement made to D by the police;

1. The complaint filed in B, the application for a middle and high-speed debate, the register of automobiles, the decision paper, the records of non-delivery of automobiles, the details of planning preparation and receipt, and the application of

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under 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 shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

D. Unfavorable circumstances: the Defendant purchased the instant vehicle under the name of the victim with a loan of KRW 22 million from the victim.

arrow