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(영문) 서울남부지방법원 2018.06.27 2018고단130
권리행사방해
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant purchased B-A4 car at the office of the comprehensive vehicle office of the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, 30, 207, A-A-A-D-D-D-D-D-D-C-C-O-D-C-O-C-O-C-O-C-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-

Around February 2017, when the Defendant was unable to repay principal and interest due to excessive debt, the Defendant borrowed KRW 7 million from the D'D located in Seoul-gun, Seoul-gun, Seoul-do, as collateral, and offered a AD car as collateral. Since it was impossible to repay the pawned loan, the Defendant was unable to return the AD car as collateral to the D D', which was eventually concealed the said AD car.

Accordingly, the defendant interfered with the victim's exercise of rights to mortgage on the car of the passenger company.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of an application for financial products of a motor vehicle using a merz capital, application of a model agreement of an erroneous debate, and application of the certified copy or abstract of the original register of motor vehicle registration;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : The area of mitigation (i.e., January to August), the area of mitigation (i.e., interference with the exercise of rights) (i., January to August), the area of mitigation (including specially mitigated persons), the area of disapproval of punishment (including efforts to recover from damage) [decision of sentence] four months, and one year of suspended sentence;

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