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(영문) 서울북부지방법원 2017.01.26 2016고단1905
권리행사방해
Text

A defendant shall be punished by imprisonment for four 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

On February 12, 2015, the Defendant, at the location of Seongbuk-gu Seoul Seongbuk-gu's Seongbuk-gu's Seongbuk-gu's establishment, purchased CFF vehicles with loans of KRW 29,500,000 in an equal repayment method for the principal and interest of KRW 5.9% per annum from Non-us IF Capital Co., Ltd. and KRW 60 months.

3.2. The Victim set up a right to collateral security of KRW 19,600,00 for the value of the claim.

Even though the defendant agreed not to dispose of the motor vehicle without the victim's consent until the full payment of the installment was made under the above loan contract, the defendant transferred the vehicle to the lender for the purpose of securing his/her obligation, even though he/she did not dispose of the motor vehicle without the victim's consent, such as the establishment of a pledge of transfer or lease, etc., around June 2015.

Accordingly, the defendant concealed his own motor vehicle which was the object of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1.The accusation of the non-us Capital;

1. Application of abstract Acts and subordinate statutes, such as 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the area in which the punishment is mitigated (one month to eight months) (a person who has been specially mitigated).

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into and against his own crime; the victim's non-won letter of punishment has been submitted after the prosecution; and the defendant has no record of criminal punishment; the defendant purchased the above vehicle.

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