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(영문) 춘천지방법원 2016.08.08 2016고단488
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 6, 2014, the Defendant: (a) purchased a DSS3 car amounting to KRW 18,616,000 at C agency located in SM3 at Annju City, and (b) decided to borrow KRW 18,250,00 from Korea of social services rendered by Alcia, Inc.; and (c) to repay the said vehicle in installments over 47 months; and (d) set up a right to collateral security for the said vehicle with the mortgagee the victim, the bond amount of KRW 9,200,00,000.

After that, on April 2014, the Defendant borrowed KRW 6,300,000 from the Seoul Western Egyna in the Gangseo-gun of Gangseo-gu, Gangwon-do and provided the above vehicle as security without the victim’s consent, thereby hindering the victim’s exercise of rights by concealing it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The status of installment financing and loan agreement, written consent, and deposit in comparison with the situation;

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

1. To take into account the following factors of sentencing, including the observation of protection and the reasons for sentencing under Article 62-2 of the Criminal Act, the following factors of sentencing, and the age, sex, environment, etc. of the defendant. Circumstances favorable to the defendant: confession and reflect, and the fact that the defendant has no criminal record of the same kind of crime during the period of parole: The fact that the defendant committed the crime of this case during the period of parole, was not agreed with the victim, and even

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