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(영문) 수원지방법원 평택지원 2014.09.18 2014고단1034
권리행사방해
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2013, when the Defendant purchased B ASEAN car from the Han Young-gun Co., Ltd. in KRW 81,732,00,600, the Defendant concealed the location of the car owned by the Defendant, which became the object of the victim’s right, in order to prevent the Defendant from confirming the location of the car owned by the Defendant, which became the object of the victim’s right, and interfered with the exercise of the victim’s right by means of transfer of the said vehicle to E, which was the object of the victim’s right, on November 5, 2013, while making a registration of creation of a collateral security with the victim’s character capital (payment of KRW 1,336,200, KRW 600, KRW 600, the monthly payment of KRW 1,336,200, and KRW 60).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to a copy of the installment financing agreement, a copy of the written consent related to the payment of goods purchase fund, a copy of the register of automobiles, the current status of claims for rent or payment, the report not to deliver automobiles, a copy of the loan certificate, and a copy of the vehicle waiver note;

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

1. Article 62 (1) of the Criminal Act;

1. The fact that probation and community service order Article 62-2 of the Criminal Act did not recover from damage to the victim is an unfavorable sentencing factor. However, it is hard to determine the sentence as ordered in consideration of the defendant's age, character and conduct, circumstances after the crime, etc.

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