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(영문) 울산지방법원 2020.05.19 2019고단1256
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Power] On April 14, 2016, the Defendant was sentenced to eight months of imprisonment for fraud in the Ulsan District Court, and was released on November 30, 2016 in the Ansan Prison on parole on the execution of the sentence, and the parole period expired on December 12, 2016.

【Criminal Facts】

On August 10, 2017, the Defendant borrowed KRW 29,000,000 from the victim FF Co., Ltd. to purchase the ENS car in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and set up a right to collateral on the said car as security, but transferred the said vehicle to the non-resident of the name of the victim on August 2017.

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. Defendant's legal statement;

1. G statements;

1. Installment contract of a motor vehicle, certificate of vehicle takeover, certified copy or abstract of the motor vehicle register, and bond statement;

1. Previous convictions: Criminal records, investigation reports, judgment, application of Acts and subordinate statutes to the current status of confinement of individuals;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to ten years;

2. Extent of the recommended sentence according to the sentencing guidelines [decision of a type] Obstruction of Exercise of Rights, etc. [Class 1] Obstruction of Rights (Specially Convicted Person] : Reduction element of punishment (including efforts to recover damage): Reduction area and recommendation range] mitigation area, imprisonment with labor for one month to eight months;

3. Determination of sentence: The sentence shall be determined as ordered in consideration of all the circumstances shown in the pleadings of this case, including the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, along with the sentencing circumstances for the defendant as described below two months in prison.

The crime of this case is the period of repeated crime without paying the money borrowed from F, the victim.

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