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(영문) 수원지방법원 성남지원 2018.04.25 2017고단3356
권리행사방해
Text

A defendant shall be punished by imprisonment for four 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 October 8, 2013, the Defendant purchased BK5 car at the location of the branch of the car company, Young-gu Co., Ltd. located in Seongbuk-gu Seoul Metropolitan City branch of the company, and was given a loan of KRW 32,50,000,000 to the victim Hyundai Capital Co., Ltd...., the Defendant entered into a new installment contract with the victim company to pay the above loan in installments between 60 months and 60 months. On the 14th of the same month, the Defendant established a mortgage on the said 5 car at the mortgagee company, the claim value of the mortgagee, 32,50,000 won.

By January 2015, the Defendant repaid about 15 installments each month by around 657,429 won, and around that time, the Defendant made it impossible to identify the location of the said vehicle by transferring the said vehicle to the nameless person who was named to lend KRW 7,500,000 to the Defendant in the vicinity of the flood area located in the Gyeonggi-si, Gyeonggi-si.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim company's rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of a certified copy (A) copy or abstract of the motor vehicle registration ledger;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) the mitigated area of punishment [1 month to August] (the person who has been specially mitigated] [including efforts to recover damage] agreement with the victim; (b) the crime of this case was committed under the dolusor criminal intent that the result of this case occurred as the vehicle was offered as a security of borrowed money and did not change it, (c) the defendant's mistake was divided and reflected; (d) the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, circumstances after the crime was committed, etc.; (e) the defendant's mistake was divided and reflected; (e) the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc.

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