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(영문) 대전지방법원 2013.08.22 2013고단21
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 4, 2011, the Defendant purchased a BS halog vehicle at a passenger car business establishment located in the Seo-gu Seoul Metropolitan City, Daejeon, and granted a loan of KRW 29,500,000 from the victim Igro, for the purpose of a loan for vehicle purchase, and set up a right to collateral security of KRW 29,50,000 on the above vehicle as collateral for the above loan obligation.

However, on April 201, the Defendant received KRW 15,00,000 from a person who is unable to know his/her name without changing his/her name, and transferred the said vehicle to the so-called “Spool” in the vicinity of the D market located in Daejeon Seodong-gu Daejeon, Daejeon.

Accordingly, the defendant concealed the vehicle of the defendant, which was the object of the victim's right, so that the location of the vehicle can not be confirmed, thereby hindering the victim's exercise of right

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of each Act and subordinate statute of the protocol of impossibility to deliver a motor vehicle, written decision of auction of motor vehicle, special promotion of performance of obligation, agreement of automobile loan, and register of motor vehicle;

1. In light of the reasoning for sentencing under Article 323 of the Criminal Act and Article 323 of the Criminal Act with regard to the pertinent criminal facts, the victim’s damage amounting to 29.5 million won due to the instant criminal act, and most of the damage have not been recovered, a considerable punishment against the Defendant is inevitable.

However, the above punishment was determined in consideration of the favorable circumstances to the defendant, such as the fact that the defendant is against the defendant, and that there is no same type of punishment power.

It is so decided as per Disposition for the above reasons.

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