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(영문) 대구지방법원 2016.12.21 2016고단5689
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2011, when the Defendant purchased one motor vehicle from the Rotteteian Motor Vehicle C Branch located in the Northern-gu, Northern-si, Northern-si, the Defendant received installment financing loans from the Korea Social Services Korea Co., Ltd., Ltd., the victim Alphal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal Madal 3

The Defendant, in accordance with the installment financing agreement, agreed to repay KRW 201,468 each month during 48 months following the conclusion of the agreement, provided that the victim company set a right to collateral of KRW 8,100,000 to the said automobile as collateral.

On November 23, 201, from around May 7, 201 to around May 7, 2013, the Defendant paid the total of KRW 3,455,980, in arrears, and transferred the said vehicle to the bonds-based company in F parking lots located in North Korea-Gu E at the end of April, 2013 in return for the loan of KRW 3,50,000 to the bonds-based company.

Accordingly, the defendant concealed his own property which was the object of the right to collateral security of the victim, thereby hindering the victim's exercise of the right to collateral security.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes, such as installment financing and loan agreement, business registration certificate, agreement on guarantee and return of secondhand automobiles, register of automobiles, current status of deposits in comparison with repayment;

1. Relevant laws concerning criminal facts, Article 323 of the Criminal Act selection of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1850, Feb. 1, 2008) is that there is no basic area (not less than 6 months to 1 year) of obstruction of exercise of rights [decision of sentence] [decision of sentence] the defendant is divided by mistake, and the primary offender is a favorable circumstance for the defendant. In addition, the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, etc. shall be considered as a favorable condition for the sentencing stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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