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(영문) 서울북부지방법원 2016.05.12 2016고단56
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2015, the Defendant purchased 1 Eths of Eths of Eths in D offices located in Seongdong-gu Seoul, Seongdong-gu, Seoul. On February 3, 2015, the Defendant agreed to obtain 17,000,000 won from Non-us Capital, and paid 498,487 won each month between 48 months, and on February 4, 2015, the Defendant set up a collateral security right of 8,50,000 won in the said car as collateral.

Nevertheless, on March 2015, the Defendant: (a) delivered the said vehicle, which became the object of the mortgage, to F without giving prior notice to the victim; (b) concealed the location of the said vehicle; and (c) prevented the victim from being aware of the location of the said vehicle; and (d) obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against the F;

1. Statement of the police statement related to G;

1. A complaint filed by a non-Korean Capital;

1. An application for a middle or misleading debate;

1. Details of installment receipt;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The basic area (referring to six months to one year) (referring to a person who has no special sentencing factor) of the recommended punishment on the sentencing guidelines. The scope of the recommended punishment [the scope of the recommended punishment] shall interfere with the exercise of the right.

3. Determination of sentence shall be made in the same manner as the order, taking into consideration the following circumstances, such as the defendant's age, family relationship, and tendency, and all other circumstances shown in the pleadings of this case:

The favorable circumstances: The defendant has been divided in depth into and reflected against his own crime, and the defendant believed that the husband of the defendant would pay the installment of the vehicle of this case, and purchased the vehicle of this case in the name of the defendant and set up a collateral security on behalf of the victim company, and the defendant was the victim on April 8, 2016.

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