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(영문) 서울중앙지방법원 2017.05.12 2017고단557
권리행사방해
Text

A defendant shall be punished by imprisonment for 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

[Criminal Records] On February 10, 2017, the Defendant was sentenced to a suspended sentence of three years and six months, including a violation of the Narcotics Control Act, at the Seoul Central District Court on February 10, 2017, and the said judgment became final and conclusive on February 18, 2017.

[2] On November 12, 2013, the Defendant obtained a loan from the Defendant’s Hyundai Capital Co., Ltd. to pay KRW 22,100,000 from the victim’s Hyundai Capital Co., Ltd. for a period of 60 months. On the 15th day of the same month, the Defendant established a mortgage on the mortgage of the mortgagee’s “Mo Capital Co., Ltd.” and the bond value “2,100,000 won.”

Nevertheless, around April 2014, the Defendant provided the above vehicle as collateral and the damaged company could not find the above vehicle by receiving eight million won from the non-name loan business operator in the vicinity of the Gu's station in Gwangjin-gu Seoul Special Metropolitan City.

Accordingly, the defendant concealed the vehicle which was the object of the mortgage of the damaged company, thereby hindering the exercise of mortgage by the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Complaint;

1. A installment loan agreement and a ledger of motor vehicle registration;

1. Previous convictions: References to inquiries, summary information of the case, and application of the text of the judgment, such as criminal history;

1. Relevant Article 323 of the Criminal Act, the choice of imprisonment, and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Although the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act were not recovered, the amount of damage was considered and the judgment could have been rendered together with the crime as indicated in the judgment, taking into account the following factors: Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence as indicated in the trial process of this case shall be determined as ordered.

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