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(영문) 인천지방법원 2018.06.08 2018고단3133
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 21, 2014, the Defendant purchased one vehicle for CT 300C in the name of the Defendant’s wife at the office of the victim filial Capital Co., Ltd. located in 306 as the bankruptcy of Gangnam-gu Seoul Metropolitan Government as the bankruptcy of Gangnam-gu, and entered into an incidental withdrawal contract with the Defendant to receive eight million won from the injured party for a vehicle loan and pay it for 36 months.

1. 27. A mortgage was created on the said car with a claim for the above loan as a preserved bond, whereby the victim is a mortgagee.

After September 22, 2014, the Defendant, at around September 2, 2016, gathered with the above AA as well as the above AA to obtain a loan as collateral and to use it as living expenses, such as repayment of debts, etc. Around that time, the Defendant transferred the said car to the non-resident in the name of the loans in the name of the loaner in order to receive two million won and the location of the vehicle cannot be known.

Accordingly, the defendant, in collusion with A, concealed the vehicle which is the object of the mortgage of the victim, thereby hindering the exercise of the right of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of the police officer against A;

1. Complaint;

1. Application for re-loan of motor vehicles and industrial loans, special agreement on the payment of loans, and power of attorney;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article of the Criminal Act, Articles 323 and 30 of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for selecting sentence of imprisonment;

1. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right;

2. The Defendant appears to have led to the confession of crimes and reflect his mistake.

The defendant has no record of criminal punishment for the same crime.

However, even though the amount of debts in arrears as security exceeds 12 million won, there was no agreement with the victim on repayment of damages or losses, even though the amount in arrears exceeds 12 million won.

The defendant.

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