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(영문) 수원지방법원 2017.12.14 2017고단4151
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 23, 2012, the Defendant: (a) borrowed KRW 18.6 million from Hyundai Capital Co., Ltd., the victim Hyundai Capital Co., Ltd. to pay the principal and interest in installments for 60 months from that time; and (b) agreed to pay the principal and interest in installments for 18.6 million won as the mortgagee for the said car.

After that, on September 2015, the Defendant borrowed KRW 4 million from the operator of the pawned Center in which it is impossible to know the trade name of the fleet, and handed over the said vehicle to the person who is not the party who is not the owner of the said name as a collateral, and prevented the victim from discovering it, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements to supplement complaints and complaints filed by C;

1. A copy of an application for registration of a motor vehicle, a copy of a seal imprint certificate, a copy of a notice of transfer of bonds and acceptance of entrustment, and application of statutes of the

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

1. The grounds for sentencing under Article 62(1) of the Suspension of Execution Act (the following conditions favorable to the defendant among the reasons for sentencing) [the scope of the recommended sentence] [the scope of the exercise of the right] and the basic area (6 months to 1 years) of the Act on the Prevention of Exercise of the right (the obstruction of the exercise of the right) [the scope of the recommended sentence] and the scope of the comparison of the recommended sentence: six months to one year [the sentence] - there is no restoration of damage unfavorable to the defendant. - The circumstances favorable to the defendant are recognized as erroneous: there is no record of punishment; - The comprehensive contents of the sentencing conditions prescribed in Article 51 of the Criminal Act are combined.

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