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(영문) 인천지방법원 2017.12.21 2017고단7048
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2011, the Defendant purchased SP B car from the non-displaced used cars trading company located in Seoul and below the Seoul. The Defendant borrowed 15,000,000 won from the victim Hyundai Capital Co., Ltd. as the purchase fund, and on January 31, 2011, the Defendant established a mortgage on the claim value of 15,000,000 won as the mortgagee of the victim company.

On August 201, 201, the Defendant: (a) received KRW 3 million from the Defendant’s parking lot located in Gangnam-gu Seoul, Seoul, and transferred the said car to a person without his name; and (b) concealed the said car which became the object of the victim’s rights, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Complaint;

1. A copy of an application for loans for purchasing a second or second-hand vehicle in debate;

1. A copy of the notice of transfer or acceptance of entrustment, and a copy of the certificate;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines (a type of determination), offenses interfering with the exercise of rights, interference with the exercise of rights, etc., one type of punishment (Scope of recommended punishment), six months to one year (basic area).

3. Determination of sentence: 6 months of imprisonment with prison labor, 1 year of suspended execution, although the nature of the crime in this case is not good, the defendant's perception of his mistake and reflects his depth, the defendant's profit from the crime in this case seems not to be significant, and the defendant seems to go to the crime in this case to use living expenses, surgery expenses, etc. in an economically difficult situation, and the defendant is the first offender with no record of crime, and the age, sex, environment, motive, means and consequence of the crime in this case;

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