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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1399
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 became final and conclusive.

Reasons

Punishment of the crime

On June 27, 2012, the Defendant: (a) purchased a passenger car with B investment in the modern car business office located in the Young-gu, Young-gu, around June 27, 2012, entered into an installment financing agreement with the victim Hyundai Capital Co., Ltd. to offer the said car as security; (b) the principal of the loan and the loan interest of KRW 17,70,000; and (c) the loan interest of KRW 7.95%; and (d) the loan period of KRW 18 months for the said car on June 28, 2012.

The Defendant, at the time of springing around 2013, did not have the ability to repay the loan principal in the absence of the above victim’s loan payment under the condition that there remains the unpaid loan principal for the above victim. The Defendant, at the Defendant’s residence located in the State C, provided the Defendant’s non-merchants to the creditor of the Defendant as a substitute and provided the said car as a substitute repayment, so that the victim may not recover it.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement and a statement of complaint filed by D;

1. Application of statutes, such as a written application for installment of a motor vehicle, a peremptory notice to the exercise of a right to collateral security, a certified copy or abstract of the motor vehicle registration ledger;

1. Relevant 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 on the suspension of execution is that the nature of the crime in this case is not less complicated in light of the background, method, degree of damage, etc. of the crime in this case, the crime was committed at a long time after the occurrence of this case, the defendant led to confession and reflect on the crime in this case, the defendant agreed smoothly with the victim, the defendant has no record of criminal punishment exceeding the same kind of fine, and all other circumstances shown in the records and the theory of changes in the text of this case shall be determined as per Disposition.

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