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(영문) 의정부지방법원 2018.05.03 2017고단5687
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 19, 2013, the Defendant purchased a BN passenger car at the FV market at the FF market on November 19, 2013, and granted a loan of KRW 25 million from one victim capital Co., Ltd. and repaid it for 36 months. On November 21, 2013, the Defendant set up a mortgage on the said car, which is owned by the Defendant, with the bond value of KRW 12.5 million and the mortgagee as the victim.

On July 2015, the Defendant borrowed 8 million won from the non-titled bonds company in the non-titled coffee shop in Gangnam-gu Seoul, and concealed it so that the location of the car can not be grasped by the method of transferring it for the purpose of securing the said car, and obstructed the exercise of the rights by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, inquiry into the balance of bonds, and notice of scheduled termination of a contract;

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 (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to one year (the scope of recommended punishment) and the basic area (up to six months to one year) (up to one year).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, two years of suspended sentence, and other conditions of sentencing.

Conditions disadvantageous: The fact that the crime of this case was led to the confession, and the fact that part of the damage was recovered.

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