(영문) 광주지방법원 순천지원 2015.05.13 2015고단306

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2015.05.13 2015고단306

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 21, 2011, the Defendant purchased a two-wheeled car at the business office of the two vehicles located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, for the purpose of paying the purchase price of the automobile, and received a loan by setting 25 million won from the victim Aju Capital Co., Ltd. at 36 months of the loan period and 5.9% of the interest rate per annum. On August 5, 2011, the Defendant registered and acquired the said car under the name of the Defendant, and on the same day, established a mortgage on the said car as “a mortgagee A (Defendant)” in order to secure the above loan on the same day.

As such, although the above Bosch Rexton car was the object of the mortgage of the victim, it should not interfere with the exercise of the right based on the mortgage, such as disposal or concealment of the victim, it should not interfere with the exercise of the right by way of the mortgage. However, the defendant, around August 2013, had 15 million won and 15 million won and 15 million won and 100 won and 200 won and 200 won and 200 won and 200.

Accordingly, the defendant concealed the defendant's car owned by the defendant, which is the object of the victim's mortgage, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a motor vehicle loan agreement, the details of receipt of principal and interest of disposable discrimination, the register of motor vehicles and statutes in written requests for half payment;

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

1. The sentencing of Article 62(1) of the Criminal Act is based on the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the victim is not subject to the punishment of the defendant; (c) the victim is not subject to a suspended sentence or more; (d) the victim has no criminal record or more; and (e) the conditions of all the sentencing indicated in

참조조문

-형법 제62조 제1항

-형법 제323조

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