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(영문) 수원지방법원 2018.04.17 2017고단8464
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 26, 2013, the Defendant purchased a Vietnam-type D car at the C agency office located in Pyeongtaek-si B, and received a loan of KRW 44,50,000 from the Hyundai Capital Co., Ltd. at the rate of KRW 60 months and KRW 7.0% per annum. On the same day, the Defendant created a separate mortgage with the mortgagee Hyundai Capital Co., Ltd., the mortgagee, the mortgagee, and the debtor at the price of the bonds as KRW 44,50,000,000. On May 20, 2016, the Defendant received a claim and mortgage under the said loan contract from the Hyundai Capital Co., Ltd.

On July 2015, the Defendant disposed of the said car to a person who is unable to know the front name of the factory operated by the Defendant in Pyeongtaek-si E on the road.

Accordingly, the defendant concealed his own property which is the object of another person's right or possession, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application form for Hyundai Capital Vehicles, notification of transfer of bonds and acceptance of entrustment, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [the types of crimes] interference with the exercise of rights, interference with the exercise of rights (the scope of recommended punishment] and no basic area (the scope of recommended punishment], six months to one year;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

A favorable normal situation: A extenuating circumstance that has no special reason to be considered: The amount of damage is not substantial and the amount of damage is not recovered.

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