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(영문) 광주지방법원 순천지원 2017.05.26 2017고단109
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 June 19, 2015, the Defendant borrowed approximately KRW 47,700,000 out of KRW 62,00,000 from the purchase price of the BAD A6 car from the Faju Capital Co., Ltd. for the first month for the first period of 36 months, and decided to repay KRW 1,465,705 for the first month and KRW 1,490,340 each month for the following month from the end of 36 months. On June 30, 2015, the Defendant created a mortgage equivalent to KRW 23,850,000 for the above automobile by the victim to the faju Capital Co., Ltd.

After that, on October 2015, the Defendant borrowed KRW 27,000,000 from C, a late-time, in the vicinity of the Geumcheon-si District in order to prevent the location of the said vehicle from verifying the location of the said vehicle because it did not take measures for recovery after delivery of the said vehicle.

As a result, the Defendant concealed BA6 vehicles owned by the Defendant, which was the object of the mortgage of the victim AF Capital Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a copy of loan statement;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Social Service Order Criminal Act does not recover from damage caused by sentencing. Meanwhile, the Defendant paid approximately KRW 23 million at the time of purchasing the instant car, paid a total of KRW 900,000,000 in installments, and appears to have been transferred to another person for the purpose of committing a crime from the beginning. The Defendant does not seem to have purchased a car for the purpose of committing a crime from the beginning; the Defendant did not have the same criminal record and reflect it; the Defendant’s age, sex, family relationship, environment, circumstance and consequence of the crime, and circumstances after the crime, etc.; and the sentence as ordered shall be determined by comprehensively taking into account various circumstances revealed in the instant argument, including the Defendant’s age, sex, family relationship, crime, and the circumstances after the crime.

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