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(영문) 춘천지방법원 원주지원 2018.04.19 2017고단1296
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2, 2013, the Defendant purchased a cub car from a used car selling company in Leecheon-si, and entered into an installment loan agreement with the victim Hyundai Capital Co., Ltd. to determine the loan amount to KRW 21,200,000, the loan period to KRW 48 months, the interest rate to KRW 17.9% per annum. On July 5, 2013, the Defendant set up a collateral security right to the said car as the damaged company, and the bond amount to KRW 10,60,000, the bond amount to KRW 10,600.

On September 27, 2013, the Defendant: (a) while operating the said vehicle in the vicinity of the Seodaemun-gu Seoul Special Metropolitan City on September 27, 2013, the accident occurred; (b) towed the said vehicle to an indivators operated by the indivators; and (c) subsequently, prevented the damaged company from confirming the location of the said vehicle; and (d) concealed the said vehicle owned by the Defendant, which was the object of the mortgage of

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of the written complaint, a copy of the written application for the vehicle of Hyundai Capital, a copy of the notification of the transfer of claims and acceptance of entrustment, the register of automobile registration, and the statutes governing the exercise of the right to collateral security on automobiles;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] No person who has no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentencing] [the defendant has committed the instant crime under the circumstances where he/she has repaid principal and interest only three months, and the defendant has not repaid a loan exceeding 42 million won up until now, it is significant that the damage has occurred to the damaged company due to the instant crime, and it does not seem that the defendant may recover damage within the nearest time.

On the other hand, the defendant acknowledges late or wrong.

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