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(영문) 의정부지방법원 2017.06.16 2017고단673
권리행사방해
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants, two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants received a loan from the victim capital Co., Ltd. to purchase a car and registered in the name of the Defendant A, but agreed to pay an installment while Defendant B operated.

Accordingly, around June 12, 2014, the Defendants agreed to borrow KRW 25,300,000 from the injured party at the Office C and D branch D around June 12, 2014 by dividing the amount of KRW 487,940 each month in 60 months, and the Defendants set up a right to collateral security for the Furri vehicle registered in the name of Defendant E as collateral to the victim of the right to collateral security of KRW 12,650,00 in the amount of the claim.

Defendant

A consented to Defendant B to borrow money as a security for the said car, and Defendant B offered the said car as security by borrowing KRW 7,000,000 from the bond company G in Daejeon around the end of July 2015, and the victim could not find the vehicle.

Accordingly, the Defendants conspired to conceal the Defendant’s car which was the object of the victim’s mortgage and interfered with the victim’s exercise of mortgage.

Summary of Evidence

1. Defendants’ respective legal statements

1. A criminal complaint and a supplementary statement;

1. A criminal investigation report (a bond business operator G telephone conversations and attaching related documents);

1. Inquiry into the balance of claims, a written agreement of installment financing, a written request for payment of goods in installment, and the application of statutes of motor vehicle registration certificates;

1. The Defendants: Articles 323 and 30 of the Criminal Act and the choice of punishment for the crime

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] [the person who has been subject to special sentencing] does not have any basic area (6 months to 1 year] [the person who has been subject to special sentencing] [the decision of sentence] where a smooth agreement has been made with the victims, or where the full damage has not been recovered from the victims, the Defendants’ criminal liability is not weak.

However, the Defendants’ instant case.

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