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(영문) 수원지방법원 2020.12.18 2020고단7094
권리행사방해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2018, the Defendant borrowed KRW 48,500,00 for the purchase price of the D Uidi A6 car at the Suwon-si Office Co., Ltd. located in Suwon-si B, the Defendant agreed on November 16, 2018 to make a mortgage of KRW 24,250,000 for the bonds with a mortgagee at the above car on November 16, 2018 and to repay the same amount for 1,101,042 each month for 60 months.

Nevertheless, around August 12, 2019, the Defendant received KRW 7,200,00 from the person who was absent from his name in Incheon Buddhist Land, thereby making it difficult for the Defendant to exercise the mortgage by making the said car clear of its location, thereby making it difficult for the Defendant to exercise the mortgage. Since that time, the Defendant did not repay the agreed loans to the victim each month from that time.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint of E;

1. Complaints of C stock companies;

1. 중고차 오토론 신청서, 대출상환 스케쥴

1. Determination of an automobile auction;

1. Automobile register;

1. Investigation report ( telephone conversations with the other party who remitted a vehicle security loan);

1. Application of Acts and subordinate statutes to report on investigation (registration of an order to suspend operation in the vehicle register);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, attitude, background and motive leading to the commission of the crime; (b) the means and consequence of the crime; and (c) the circumstances after the commission of the crime; and (d) the sentencing conditions as set forth in the text.

(b)bed;

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