logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.11.29 2018고단773
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2013, the Defendant purchased Erocketing vehicles from D agencies located in Yeonsu-gu Incheon Metropolitan City, and took out a loan of KRW 29,700,000,000 from the victim Hyundai Capital Co., Ltd. on the condition that it redeems KRW 600,789 each month between 60 months and 60 months each month, and granted a mortgage equivalent to KRW 29,70,000 in the value of the claim against the above vehicle as the creditor, despite having set up a mortgage of KRW 29,70,000 in the value of the claim against the victim as the creditor, the Defendant, around September 17, 2014, provided the said vehicle as security by borrowing KRW 5,00,00 from the non-name credit service provider and then delivered the said vehicle at that time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the written complaint, written agreement of installment financing, ledger of registration of automobiles, and Acts and subordinate statutes reporting on investigation;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The nature of the crime of this case is not that of the crime of this case, but does not properly recover from damage. - However, the benefits acquired by the defendant as a result of the crime of this case are not significant. - There is no past record of criminal punishment other than fines. - The defendant is against his mistake.

arrow