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(영문) 의정부지방법원 2017.11.21 2017고단4094
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On January 23, 2016, the Defendant’s “C” stated in the facts charged in the indictment in the indictment of B in the motor vehicle trade complex located in Seocheon-gu, Seocheon-gu, Seocheon-gu, 608, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2016, is apparent that it is a clerical error, and thus, it is corrected ex officio.

When purchasing so-called so-called No. 15,400,000 won for the purchase of the said vehicle with the victim's Mibaz Co., Ltd., and concluded a credit transaction agreement with the said vehicle, and set up a mortgage on the said vehicle with the amount of KRW 7,700,000, the credit amount of KRW 50,000, in the name of the victim as the secured claim, and thus, the said vehicle has a duty to faithfully manage the said vehicle as a collateral to prevent any damage

On March 2016, the Defendant delivered the said vehicle to a credit service provider who is unable to know the trade name in the coffee shop in which it is difficult to know the trade name in the city of Cheongju and received cash KRW 3 million.

Accordingly, the defendant concealed the goods owned by the defendant, which are 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;

1. An application form for motor vehicle financial products and an erroneous agreement;

1. Details of deposits;

1. The motor vehicle registration ledger;

1. A certificate of the principal's signature;

1. Application of Acts and subordinate statutes to a notice which will cause loss of time limit, payment of security, and complaint for interference with the exercise of rights;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, a punishment shall be determined by comprehensively taking into account various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and mode of committing the crime, and the circumstances before and after committing the crime.

- Neither a serious reflector a previous conviction nor a previous conviction for suspension of execution, nor a social relationship clear that it is social ties - No recovery from damage, as it is not easy to cause damage.

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