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(영문) 인천지방법원 2017.03.03 2016고단7527
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant purchased the BMW320D car in the BMW Incheon Incheon city, which is located in 675, as the Incheon Nam-gu Incheon metropolitan city, and entered into a mortgage contract on the said car with a loan of KRW 41,674,540 from Korea for social services, which is not a dispute settlement agreement of the victim, and entered into a mortgage contract on the said car in the name of the Defendant around December 27, 2013, and established a mortgage on the said car to the victim on the same day.

On December 15, 2015, the Defendant: (a) transferred the possession of the said car as security to D, who was liable for the obligation of KRW 12 million; and (b) concealed the said car that became the object of the victim’s right; and (c) obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, decision paper (the case of voluntary auction of motor vehicles by the Incheon District Court), protocol of impossibility of delivery of motor vehicles, and contract (application/agreement for installment financing in the BMW press)

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Act on the Suspension of Execution (amended by Act No. 62(1)) [Interference with Exercise of Right]: Consideration of [Scope of Recommendation] Reduction Area, Reduction Area, January-8 [Pronouncement of Sentence], confession and reflect on a crime], there is no record of punishment or penalty exceeding fine due to the same crime, there is no record of punishment due to the same crime or penalty exceeding fine, collection of secured vehicle (delivery to Incheon for public offering), and victim is not wanting to be punished, etc.

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