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(영문) 창원지방법원 마산지원 2018.07.19 2017고단1167
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On November 21, 2012, the Defendant purchased a Y35S car in front of the Defendant’s house located in Changwon-si, Changwon-si, and obtained a loan of KRW 20 million from the Defendant Hyundai Capital Co., Ltd. in terms of the vehicle price, and agreed to repay the loan in installments each month for 810,881 for 36 months, and set up a collateral security right to the said car with the said victim as the obligee, the Defendant as the obligor, the Defendant as the obligor, and the maximum claim amount as KRW 20 million.

Nevertheless, the Defendant anticipated to delay the payment of vehicle installments, but sold the said vehicle to a person who could not know the name of the said vehicle, which was the object of the right to collateral security, in Changwon-si, Changwon-si, Masan-si, Seoul, in order to December 2012, in order to prevent the victim from exercising his/her legitimate right by concealing the said vehicle's location.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by a limited company specializing in EPS first-class securitization;

1. An application for heavy loan;

1. Application of statutes to certified copies of the motor vehicle registration ledger;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing criteria: Six months to one year.

(a) Determination of types: One type of crime interfering with the exercise of rights;

B. There is no special sentencing factor:

(c) Determination of the territory of recommendation: Basic territory;

3. Determination of sentence: 6 months of imprisonment, 2 years of suspended sentence, the fact that the defendant committed a crime in the judgment because of a difficulty in living, the confession and reflect of the defendant, although the damage has not been recovered, the damage amount is relatively large and the degree of the crime in the judgment is not relatively large in light of the status of the victim, and the suspension of qualification is imposed on the defendant.

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