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(영문) 광주지방법원 순천지원 2020.01.16 2019고단1664
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 February 26, 2018, the Defendant purchased DMW525D car from DMW 525D, and provided the victim E with the said car as a collateral on repayment of 41.8 months on or around February 28, 2018, the Defendant created a right to collateral security of 20.9 million won at the bond price to the victim.

Nevertheless, the Defendant borrowed 13 million won from F on March 28, 2018, and around that time, delivered the said car to F as collateral, and made it impossible to identify the location of the vehicle, thereby interfering with the victim’s exercise of rights by concealing the vehicle that was the object of the mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer against the defendant or G;

1. A H statement;

1. Application for middle and high debate, written agreement, automobile register, scheduled notice of termination of the contract, and detailed statement of transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the content of the crime, degree of damage, and the fact that the agreement has not been reached, the liability for the crime is not

However, the fact that the defendant divided the defendant's wrong and made efforts to recover the damage, and that there is no record of punishment exceeding the fine, etc. shall be considered as favorable circumstances.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.

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