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(영문) 청주지방법원 충주지원 2017.06.09 2017고단210
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal record] On June 19, 2014, the Defendant was sentenced to imprisonment with prison labor for not more than two years and six months for the crime of bodily injury resulting from rape in the support of the Chungcheong District Court, and the judgment became final and conclusive on November 10, 2014.

[2] Around October 29, 2013, the Defendant: (a) borrowed KRW 13 million from the Defendant’s Hyundai Capital Co., Ltd. through his/her name in order to purchase CEX car from the Chungcheong week B to purchase the said car; and (b) set up a collateral security on the said EX car as the victim’s right to collateral for the said loan.

While the Defendant did not pay KRW 12,003,712 to the victim, the Defendant borrowed KRW 5 million from the owner of the pawned Hall in the vicinity of the casino located in the Seoul-gun, Gangwon-do during the period from March 23, 2014 to April 23, 2014, and transferred the said X-gu car to the owner of the pawned Hall as collateral.

Accordingly, the defendant concealed the above X-ray car which is 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. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Complaint;

1. An application form, etc. for a part of modern capital;

1. The first notice of transfer of claims and acceptance of entrustment;

1. Section A and Section B of the Automobile Registration Register;

1. Content certification (the highest letter of delivery of secured vehicles);

1. A criminal investigation report (specific report on the date of crime);

1. Previous records: Application of criminal records, inquiry into criminal records and investigation reports (a bound term of repeated crimes) Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and the choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. As the instant crime on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is one of the concurrent crimes as stated in the judgment and Article 37 of the Criminal Act, the sentencing guidelines do not apply.

As a result of the Defendant’s crime, the maximum amount of the claim against the right to collateral security that the victim failed to implement is KRW 6.5 million.

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