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(영문) 광주지방법원 2018.03.22 2017고단2097
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 14, 200, the Defendant was sentenced to 15 years of imprisonment for robbery at the Daejeon High Court for the commission of robbery, and on May 16, 2013, the parole period was terminated on May 25, 2014.

On October 23, 2013, the Defendant purchased a B-Ad passenger car in the name of the Defendant at B-Ad-si on October 23, 2013, and received a loan of KRW 50 million from one victim capital Co., Ltd. to make a change of KRW 1,00,000 per month for 60 months, and on October 31, 2013, the Defendant set up a right to collateral security with respect to the said car to the victim company.

Nevertheless, in April 2016, the Defendant borrowed KRW 11 million from a non-performing loan service provider and offered it as security and delivered it as security, thereby hindering the victim's exercise of rights by concealing a mortgaged vehicle in the name of the victim.

Summary of Evidence

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

1. A written application for installment financing of automobiles and a written request for payment of the price of installment goods;

1. Inquiries about the balance of claims;

1. Original Register of Automobile Registration;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] was determined by taking account of the following: (a) the basic area (six months to one year) (the person who has been subject to special sentencing) (the person who has been subject to special sentencing) of the same type; (b) the criminal committed without being aware of the fact that it was during the period of repeated crime; (c) the fact that it did not make any effort to recover damage until now; and (d) the fact that it was knowingly refusing to comply with summons.

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