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(영문) 서울중앙지방법원 2018.11.29 2018고단5860
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant purchased the last car in the middle of the B B, and borrowed 13 million won from C (State) companies that were victimized, and around April 2, 2013, the Defendant created a right to collateral security with respect to the said car.

Nevertheless, around the end of 2014, the Defendant borrowed 3.5 million won from the Seoul Fashdong-gun's Down-gun's Down-gun's Down-gun, and offered and delivered the said car as security.

Accordingly, the defendant concealed the defendant's car which is the object of the right of the damaged company and obstructed the exercise of the right of the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An application for examination table and relay theory;

1. Notice of transfer of claims and acceptance and processing of an application for registration of transfer of assets, notification of transfer of claims and acceptance and entrustment of claims (2j);

1. Application of the vehicle registration ledger and Acts and subordinate statutes certifying the maximum contents of the exercise of mortgage on automobiles;

1. Determination of the sentence that does not exist in the basic area (six months to one year) (the scope of recommendation) of the sentencing guidelines on the basis of the sentencing guidelines for sentencing of imprisonment, Article 323 of the Criminal Act regarding criminal facts, Article 323 of the choice of punishment, the scope of recommendation [the scope of recommendation] on the grounds of sentencing for sentencing of imprisonment [the scope of the exercise of the right], the basic area (6 months to one year) (the person who has been subject to special sentencing] - favorable circumstances: the confessions - disadvantageous circumstances: transfer the vehicle without paying the installment at the time of the second installment payment, and so on. There seems to be little possibility of recovering damage caused by the recovery of the vehicle, and the defendant also did not make a separate effort to recover damage. Other factors such as the defendant's age, sexual conduct, and circumstances after the crime,

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