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(영문) 창원지방법원 2018.10.04 2018고단751
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 3, 2014, the Defendant: (a) purchased Category C used car at the window B of Changwon-si; (b) entered into an installment financing agreement with the Defendant Hyundai Capital Co., Ltd. and the said passenger car as security; (c) concluded a mortgage on KRW 10,350,00 with respect to the said car on September 3, 2014; and (d) on September 3, 2014, the Defendant provided the said passenger car to the said borrower as security to prevent the Defendant from being aware of the name of the loan business operator in Songpa-gu Seoul Special Metropolitan City on January 2, 2016. However, even though the Defendant paid the loan interest only until September 2, 2015 and did not repay the remainder of the loan interest, the Defendant provided the said passenger car to the said borrower as security.

Accordingly, the defendant concealed the above car which is the object of the victim company's rights, thereby hindering the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of E's complaint;

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

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant disposed of the vehicle, used the price as costs for the business in Australia, and the damage recovery is not yet complete.

However, in light of the fact that the defendant is aware of and against the time of committing a crime, the fact that the defendant continues to make efforts to repay damage while performing daily labor, the fact that there is no particular history of punishment except for those subject to a disposition of suspending indictment for a crime, and other various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, background of a crime, circumstances after a crime, etc., shall be determined as per the order, taking into account the following circumstances.

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