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(영문) 인천지방법원 2017.12.20 2017고단7846
권리행사방해
Text

A defendant shall be punished by imprisonment 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 July 15, 2014, the Defendant purchased DK7 car at an automobile C agency located in Ora City, Osan-si, and obtained a loan of KRW 31 million from Hyundai Capital Co., Ltd. and granted a right to collateral security to Hyundai Capital Co., Ltd. with the amount of the relevant loan at the bond price.

On May 20, 2016, the company specializing in the securitization of the victim E. S. The company acquired the defendant's claim from the Hyundai Capital Co., Ltd. around the same day.

On July 2016, the Defendant: (a) delivered the said car to the de facto borrower on the road located in the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and concealed it, thereby hindering

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to E’s supplementary statements;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] : (a) the basic area (six months to one year) (the decision of sentence) / [the decision of sentence] below the defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc.; and (b) the lower limit of the sentence should be set as ordered in light of the following circumstances.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The defendant paid part of the installment of the automobile.

The injury was not recovered even though the amount of damage was reasonable.

The defendant has been punished several times by imprisonment without prison labor or heavier punishment.

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