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(영문) 인천지방법원 2018.01.18 2017고단6277
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than three 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 April 8, 2013, the Defendant borrowed 19 million won as the purchase price for the victim's Hyundai Capital Co., Ltd. and Drocketing car, and paid the above loan to 36 months. On March 18, 2013, the Defendant created a mortgage on the above rocketing car with the bond value of 19 million won as the collateral, and the mortgagee Hyundai Capital Co., Ltd. as the mortgagee.

Nevertheless, on August 2013, the Defendant borrowed 6 million won from a non-name loaner on the name of the Defendant and provided the said car as collateral and made it impossible to identify the location of the car.

Accordingly, the defendant concealed the above car which was the object of the mortgage and interfered with the exercise of the mortgage by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. 【The grounds for sentencing under Article 62(1) of the Criminal Act 【The scope of the recommended sentence 【The scope of the exercise of the right to recommend 【The 8th month】 - Special mitigated person: the scope of the punishment of the victimized financial company (Withdrawal of a complaint on January 15, 2018): Non-applicable sources (Withdrawal of a complaint on January 15, 2018) - General mitigated person: The serious reflectd 【Pronouncement 100,000: the sentence for three months shall be determined within the scope of the recommended sentence in consideration of the course and timing of the disposition of the vehicle, efforts to recover damage and significant decrease in response, etc.

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