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(영문) 의정부지방법원 고양지원 2018.04.19 2018고단518
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On June 2, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the District Court of Jung-gu, which became final and conclusive on September 2, 2017.

[2] The facts charged in this case are revised as stated in the facts charged to the extent that there is no concern about actual disadvantage in exercising the defendant's right to defense.

On August 7, 2014, the Defendant: (a) purchased one LF Lasta vehicle from Hyundai Capital Co., Ltd. with a loan of KRW 23,900,000 per month on condition that it redeems KRW 530,436 per month for 60 months at a modern car AS point located in Seoul Special Metropolitan City, Nowon-gu, Seoul; and (b) registered the said vehicle as owned by the Defendant on the same day (automobile registration number: AT); and (c) around August 8, 2014, the Defendant set up a collateral security of KRW 23,90,000 for the said vehicle as owned by the Defendant.

On August 9, 2014, the Defendant received 3 million won from the AU in Gyeyang-gu AU in Gyeyang-gu, Gyeyang-gu and delivered the said vehicle to P.

Accordingly, the defendant concealed his own vehicle which was the object of the right to collateral security of the victim and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. AV's statement;

1. One copy of the agreement to purchase a motor vehicle, and one copy of the original register of motor vehicle registration;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to judgments of the same kind as the suspect);

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

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the reason for sentencing under Article 39(1) of the Act on the Handling of Concurrent Crimes: (a) the Defendant concealed the vehicle following the day on which the Defendant set up a collateral security right with respect to the vehicle to secure the victim’s obligation for the principle of loan; (b) the amount of damage, such as the loan principal repaid by the Defendant to the victim exceeds KRW 37 million; and (c) did not reach an agreement with the victim; and (d)

There is no circumstance to see that the defendant is disadvantageous to the defendant.

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