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(영문) 수원지방법원 평택지원 2016.07.28 2016고단783
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant purchased an automobile with D-W-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-

Nevertheless, on April 2014, the Defendant arbitrarily offered the said car with a mortgage of the victim company as the loan of KRW 7 million from the credit service provider at a non-permanent place and offered it for the purpose of securing the said car. From March 2015, the Defendant concealed the said car by not notifying the location of the vehicle even if requested by the employees in charge of the victim company to inform the location of the vehicle for the exercise of mortgage due to the failure to fully repay the principal and interest of the loan for the said car.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Determination on the application of the sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of recommended sentencing guidelines of applicable O: consideration of all circumstances, including the fact that there is no criminal history exceeding the fine of O in the basic area (from June to one year) of the exercise of the right to prevent the exercise of the right;

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