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(영문) 의정부지방법원 고양지원 2016.09.08 2016고단1376
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 23, 2011, the Defendant: (a) purchased a third-party 1 car at the 64-4,000,000 won from the victim NH Capital Capital; (b) agreed to pay KRW 2,981,986 on the same day to the obligee; (c) on the same day, the Defendant set up a mortgage on the said vehicle at KRW 75,00,000,000.

Nevertheless, the Defendant’s right to exercise the right of the victim as the mortgagee was obstructed by concealing the location of the Defendant’s residence, which had been found to be the Defendant’s residence, from February 2, 2015, in order to make it impossible for the Defendant to know the location of the said vehicle by transferring the key to the said vehicle to the creditor in the name of the Defendant, who was found to be the Defendant’s residence in Yongsan-gu, Yongsan-gu, and 104 416.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A complaint;

1. The register of automobiles and requests for return;

1. Application of Acts and subordinate statutes to investigative reports (the time of disposal of a suspect's vehicle and the value of the vehicle at the time of disposal);

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] : The basic area (6 to 1 year) of category 1 (Obstruction of Exercise of Rights) (6 to 1 year) (decision of sentence] (decision of sentence] unfavorable circumstances: The amount of security obligation of the mortgage set on the passenger car concealed by the defendant is the considerable amount.

The favorable circumstances: the defendant is against the defendant, and there is no same kind of criminal record.

There is no record of punishment exceeding a fine for the last twenty years.

In addition, the punishment shall be determined as ordered in consideration of the motive and background of the crime, the method and details of the crime, and all of the sentencing conditions identified in the records of the case and the trial process.

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