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(영문) 광주지방법원 2018.04.12 2018고단180
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal record] On November 9, 2012, the Defendant was sentenced to a suspended sentence of four months for fraud at the Gwangju District Court, and the said judgment became final and conclusive on November 17, 2012.

[2] On February 8, 2012, the Defendant: (a) purchased Cmerc truck truck truck truck truck truck trucks vehicles in the non-fash shop in Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) agreed to receive 50,000,000 won as the purchase price for the above cargo vehicles from the victim Hyundai Capital Co., Ltd.; and (c) agreed to pay 1,881,187 won per month in equal repayment method for 36 months; and (d) set up a mortgage on 35,00,000 won as the above cargo vehicle for the victim.

On May 2012, while the Defendant had been in arrears of installment payments from around Gwangju on June 2012, the Defendant received 3 million won from the automobile business operator and sold the said car and delivered the said car.

Accordingly, the defendant concealed the above car which is the object of another person's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Examination marks, applications for modern social goods, registration certificates of motor vehicles, and the register of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including the binding of a copy of the judgment attached thereto) statute;

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

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the reason for sentencing Article 39(1) does not specify the amount of damage for the instant crime, and even though considerable period from the date of the crime, the damage was not repaid at all.

Meanwhile, in light of the content of fraud as indicated in the judgment in the crime record, the timing of selling the instant cargo, etc., it cannot be seen that the Defendant had sufficient financial resources at the time of purchasing the instant cargo. Therefore, the nature of the crime of this case is not good.

The defendant and defense counsel;

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