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(영문) 인천지방법원 부천지원 2017.03.02 2016고단1665
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant purchased a low-priced car at KRW 17,60,000,000 in the middle and high-speed car trading company in Seocheon-si, Seocheon-si, and entered into an installment financing agreement to pay the principal and interest for 48 months after receiving a loan from the victim main body and repaying the principal and interest of 48 months. On September 22, 2014, the Defendant registered the mortgage at the value of 17,60,000 won with respect to the above high-speed car at the bond price and registered the mortgage with the victim as the mortgagee, and on the same day, the Defendant thereafter registered the ownership transfer of the above vehicle as the mortgagee.

Nevertheless, the Defendant borrowed KRW 3 million from around September 2014 to around the date 2015, from a person who was unable to know his name at an unspecified place, and provided the said low-speed car as security, thereby allowing the victim to grasp the location of the said car.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the mortgage of the victim company, and obstructed the exercise of rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to accusations, registers of motor vehicles, registers of borrowed money, details of borrowed money, peremptory notices, applications for heavy loans, terms and conditions of loans, and certificates of acceptance of motor vehicles;

1. The punishment of this case is imposed in consideration of the following facts: pertinent legal provisions on criminal facts; Article 323 of the Criminal Act regarding the choice of punishment; the reasons for sentencing of imprisonment [the scope of recommendation] [the grounds for obstructing the exercise of the right] and the basic area (6 months to 1 year) [the person subject to special sentencing] [the sentence] of the crime of this case: (a) the defendant purchased a vehicle from the victim company at the expense of KRW 17.6 million; and (b) the defendant paid only one installment after the victim company purchased the vehicle at the expense of KRW 17.6 million, and provided it as security to the bonds company, so it is not clear whether it is the crime; (c) the damage has not been recovered until now; and (d) the defendant has not been absent in a long-term trial. Meanwhile, the defendant is against his mistake

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