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(영문) 의정부지방법원 2017.12.04 2017고단4290
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 14, 2014, the Defendant purchased D’s low-priced car at the sales agency of Hyundai Motor C’s branches located in Jongyang-dong, Seoul Special Metropolitan City, and received loans from the victim Hyundai Capital Co., Ltd. to pay 26 million won each month in installments for 36 months each month, and agreed to pay 801,616 won each month in installments, and the Defendant set up a collateral security interest of 26 million won for the above obligation to the victim as security.

However, on May 2014, the Defendant provided and handed over the vehicle to the bearer and non-registered bond holders as security for the redemption of principal amounting to KRW 30 million and interest.

Accordingly, the defendant concealed the vehicle owned by the defendant, which was the object of the victim's right, so that the victim can not grasp the location of the vehicle, and thereby interfered with the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each Act or subordinate statute to entries in the complaint, copy of installment contract of a motor vehicle, and certified copy or abstract of the motor vehicle registration ledger;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act on the observation of protection and the main sentence [the scope of applicable sentences under the law] [the types of decisions] imprisonment with prison labor for not more than five years [the] types 1 of the crime interfering with the exercise of rights among the groups that interfere with the exercise of rights [the special sentencing person] mitigation element: Non-execution of punishment (the special person subject to sentencing] [the scope of recommended punishment] mitigation area: Imprisonment with prison labor for not more than eight months (the decision of sentence]: the amount of damage in this case for not more than two years after suspension of execution for six months (the decision of sentence was made) and the amount of damage in this case was not recovered, thereby

However, it is against the defendant's confession of the crime, there is no criminal conviction or any criminal conviction of the same kind or suspension of execution, and the victim's modern capital company.

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