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(영문) 의정부지방법원 2015.07.24 2015고단923
권리행사방해
Text

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 September 8, 2010, the Defendant agreed to pay KRW 400,630 per month for 54 months from Aju Capital Co., Ltd., the injured party, by borrowing KRW 26,40,000 per month, while purchasing a car in the SPPP site, and established a mortgage on KRW 26,40,000 as the secured debt amount for the car in the above SPP site.

Any person may not interfere with the exercise of another person's rights by taking, concealing, or destroying his own property which has become the object of another person's rights. On August 2012, the defendant concealed a vehicle which has become the object of another person's rights by borrowing from a person who was unaware of the name, the above SPP car which was the object of the mortgage of the victim company at the time of the government around August 2012, which was the object of the mortgage of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Automobile register;

1. Application of the Acts and subordinate statutes on loan agreements and the details of receipt of principal and interest on disposable discrimination;

1. Article 323 of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the defendant was unable to fully recover the damage of the victim.

However, it is reasonable to view the difference between the actual amount of damage of the victim and the defendant as the actual amount of damage because the defendant paid 14 million won to the victim during the above period and the defendant did not have any criminal power except 2 times a fine of different species. Thus, in full consideration of the above circumstances, since the defendant operated the above 2-year vehicle after purchasing the vehicle with the loan, the financial situation becomes worse, and the principal and interest of the defendant to pay 32 million won to the victim is caused.

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