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(영문) 인천지방법원 2019.11.21 2019고단4580
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 20, 2017, the Defendant entered into a vehicle installment contract with the victim D Co., Ltd. to pay KRW 13,400,000, the loan period of KRW 48 months, and KRW 421,454 on December 22, 2017, and the victim set up a mortgage on KRW 6,70,000 on the said vehicle on December 22, 2017.

Nevertheless, around April 2018, the defendant transferred the above vehicle to a lender of a person who has failed to obtain his/her name in his/her residence in Michuhol-gu Incheon, Michuhol-gu.

Accordingly, the defendant concealed the above vehicle which was the object of another person's rights and obstructed the exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A complaint;

1. Application for a middle and high-speed debate, application for a middle and high-speed debate agreement, register of automobiles and receipt details Acts and subordinate statutes;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, based on the approximate price and collateral value (6.7 million won in value of claim) at the time of the crime of a vehicle provided as security to a victimized company, the circumstances leading up to the disposal of the instant vehicle, the criminal records, and other circumstances leading up to the defendant's age, character and conduct, motive and background of the crime, means and consequence of the crime, circumstances after the crime, criminal records, etc., and all the sentencing conditions stated in the arguments and records of the case,

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