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(영문) 의정부지방법원 2018.02.01 2017고단5272
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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 January 4, 2017, the Defendant, at the office of the Fair Savings Bank, Co., Ltd., Ltd., Ltd. (hereinafter referred to as the “Defendant”), borrowed KRW 50 million from the injured party as security the amount of KRW 48 months, loan interest rate of KRW 23.1%, monthly 1,605, and KRW 314. The Defendant agreed to file a mortgage on the said vehicle with the mortgagee, the Defendant as the person liable for the debt, and the amount of the credit amount of KRW 50 million.

Nevertheless, on February 5, 2017, the Defendant paid the principal and interest one-time installment, delayed payment of the remainder, offered the said vehicle as security for KRW 20 million to the non-resident C, and did not receive any contact with the victim, thereby hindering the Defendant’s exercise of rights by concealing the said vehicle into the non-resident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A credit transaction agreement;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements by telephone);

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

1. Class 1 (Interference with Exercise of Right) of Article 62(1) of the Criminal Act for the reason of sentencing under Article 62(1) of the Suspension of Execution: The elements of mitigation of punishment [the person who is subject to special sentencing] shall be considered in light of the fact that the defendant is in profoundly against the defendant's mistake in eight months or less, the victim company does not want to be punished against the defendant by mutual consent after returning the vehicle to the victim company, and the defendant does not have any criminal record other than that of the crime of gambling in 2011;

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