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(영문) 의정부지방법원 고양지원 2015.12.17 2015고단2583
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant borrowed KRW 5 million from a vehicle security lender on the name-free vehicle that he became aware of through the Internet search, and provided and delivered C-crare car owned by the Defendant, which was established by the right to collateral security in the future, to the victim Aju Capital Co., Ltd. as collateral in return for the aforementioned monetary loan.

Accordingly, the defendant concealed goods which are the object of the victim's right, and obstructed the exercise of the right.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation, the details of receipt of principal and interest on installment, and the protocol of impossible delivery of automobiles;

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [decision of a type] Obstruction of Exercise of Rights, Obstruction of Exercise of Rights, etc., and No type 1 (Obstruction of Exercise of Rights) (Decision of a person who is specially punished]: Basic area; June 2 and one year.

3. Two years of the suspension of execution (the circumstances and result of the crime, the circumstances after the crime was committed, in particular, the payment in arrears made by the defendant in full and the consent of the injured party is transferred normally with the consent of the injured party, there is no other penal power, one time of a fine and other penal power, the defendant wants the suspension of the execution of imprisonment with prison labor due to the separation of errors and unfair economic circumstances, the age and character of the accused, etc.);

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