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(영문) 서울북부지방법원 2017.11.30 2017고단1740
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the owner of Cenz E-Clas 350 passenger cars.

On July 1, 2016, the Defendant borrowed the amount of KRW 14 million to be used by the victim KB Capital Co., Ltd. from the Jung-gu Seoul Special Metropolitan City, the Seoul Special Metropolitan City Co., Ltd. to pay KRW 512,4760,000 per month to the victim Co., Ltd., and on July 7, 2016, the Defendant created a collateral security interest with the victim Co., Ltd. as the mortgagee on the above vehicle.

Since then, the Defendant paid to the victim only up to two months of installment payments, and on October 2016, the Defendant failed to repay the installment loans from around December 2016, and was subjected to a voluntary auction decision (E) by the Seoul Northern District Court on December 13, 2016, and requested the Defendant to deliver the said vehicle on December 23, 2016, but the Defendant failed to comply therewith and concealed the said vehicle.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint;

1. Automobile registration certificate;

1. Vehicle photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of the fact that a vehicle has not been returned continues);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the Defendant’s attempt to commit the instant crime.

The victim does not want punishment by mutual consent with the victim.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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