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(영문) 대전지방법원 논산지원 2017.10.20 2017고단412
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

On February 29, 2016, the Defendant purchased one of the above vehicles at a coffee shop located in Yangcheon-gu Seoul Metropolitan Government, and received loans from one victim gytha Co., Ltd. at an interest rate of 14.9% per annum and 15 million won per annum by equal repayment method of principal and interest for 36 months. To secure this, on March 8, 2016, the Defendant interfered with the exercise of the mortgage by the victim by concealing the above vehicle as the object of the mortgage, even though the mortgagee was the victim and the mortgage was established for the above vehicle, whose value of credit is 7.5 million won as the victim, for the purpose of securing additional 3 million won through an employee on the sale of non-use vehicle under his name at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of C’s complaint;

1. An application for a loan of the second or second right debate, and an agreement for a loan of the second or second right debate;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who does not have a basic area (six months to one year) [the person who is subject to special sentencing] [decision of sentence] The crime of this case is committed by the defendant by arbitrarily disposing of the vehicle which is the object of the victim company's mortgage and obstructing the exercise of its rights, and the nature of the crime and the circumstances of the crime are not weak; however, the defendant's mistake is against the defendant; the defendant's age, sexual behavior, environment, criminal records, criminal records, circumstances after the crime, etc. are considered and all of the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, criminal records, criminal records, circumstances after the crime, etc.

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