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(영문) 대전지방법원 천안지원 2017.04.27 2017고단184
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 13, 2015, the Defendant purchased a new k3 vehicle at the J agency located in Ansan-gu I while taking out a loan of KRW 14,30,000 from the victim Matts Capital Co., Ltd. and set up a right to collateral security of KRW 8,580,00 for the said vehicle.

Even if the Defendant knew that the mortgage is not yet cancelled, on October 2015, the Defendant borrowed KRW 3 million from a person whose personal information is unknown, and provided the said vehicle as a collateral, thereby allowing the victim to not exercise the right to collateral security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Lritten statements;

1. Application of an application for a motor vehicle financing product, a statement of deposit, and application of Acts and subordinate statutes of 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. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing [the scope of recommended punishment] are as follows: (a) the mitigation area (one month to eight months) / [the person with special mitigation] the recognition of and reflects on the crime not punishable (including efforts to recover damage] (the decision of sentence]; (b) the agreement with the victim; (c) the defendant's age, sex behavior, family relationship, family environment, motive and means of the crime; and (d) the circumstances after the crime are considered as follows.

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