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(영문) 대구지방법원 상주지원 2017.08.18 2017고단276
권리행사방해
Text

A defendant shall be punished by imprisonment for 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 November 22, 2011, the Defendant borrowed KRW 27,30,000 from the Hyundai Capital Co., Ltd. to purchase D's low-income car at the modern car C business office located in North Korea, and offered the said car as security, and on November 25, 201, set up a mortgage on KRW 27,30,000 in the value of the claim against the mortgagee as Hyundai Capital Co., Ltd.

The Defendant maintained the said car that was the object of the mortgage as above. However, around April 2014, the Defendant borrowed the trade name in the Gangwon-do fleet from the pawnban where it is impossible to identify the trade name, which was the object of the mortgage, to transfer the said car for the purpose of securing the said car.

In the end, the Defendant concealed the Defendant’s location of the said car that became the object of the right of the limited company specialized in the securitization of the No.S. on the date of Hyundai Capital Co., Ltd. to prevent the Defendant from verifying the location of the said car, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

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

1. E statements;

1. Copy of a certified copy of the automobile registration ledger;

1. To apply a copy of the examination slip, a copy of the application for goods of modern Capital, a copy of the application for permission for establishment of the right to collateral security, a copy of the contract for establishment of the right to collateral security, a copy of the notification of transfer of claims and acceptance of the notification, and a peremptory notice to the exercise of the right

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] that there is no type 1 [the person subject to special sentencing] [the scope of the recommended punishment], the basic area of the punishment, and six months to one year;

2. The amount of the secured debt of the right to collateral security established on the instant motor vehicle, the sentence of sentence of which is not substantial.

However, the fact that the defendant recognizes and reflects the crime, and that there is no record of punishment for the similar crime.

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