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(영문) 인천지방법원 2015.10.14 2015고단1893
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around January 2, 2008, the Defendant purchased a vehicle with the E Committee Patom in Seo-gu Incheon, Seo-gu, Incheon, and entered into an installment financing agreement to obtain a loan of KRW 23 million from the victim's social (state) to pay the vehicle amount of KRW 60 months.

The Defendant agreed not to arbitrarily dispose of the vehicle, which is the goods purchased without the consent of the victim, until all monetary obligations under the installment financing agreement were performed, such as transfer, lease, and establishment of a pledge, to another person. On the same day, the Defendant set up a mortgage on the said vehicle with the mortgagee as the victim on the same day.

Nevertheless, the Defendant: (a) sold the said vehicle to the (main) Korean automobile and made it impossible to identify the location of the vehicle; and (b) concealed the vehicle which became the object of the victim’s mortgage and interfered with the victim’s exercise of rights, even if the Defendant did not make all payments from the 7th installment payments, and did not make all payments from the 7th installment payments.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of a new agreement of installment financing, and the application of Acts and subordinate statutes of the motor vehicle register;

1. The punishment of this case is inevitable in light of the relevant legal provisions on criminal facts and Article 323 (Selection of Imprisonment) of the Criminal Act, where the installment payments for which the reason for sentencing has not been repaid is 20,220,000 won and the name of 20,220,000 won have not been paid additionally or has not been paid for losses to the victims since 7 years have passed since the crime of this case, and the crime of this case is not good for reasons such as business difficulty (see, e.g., Supreme Court Decision 64 pages).

On the other hand, the fact that there is no criminal record for the same kind of crime and there is no criminal record exceeding the fine after 1990, and that the fact of recognizing and reflecting his mistake is considered as favorable circumstances, and Article 51 of the Criminal Act, such as the age, character, and environment of

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