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(영문) 서울남부지방법원 2018.03.28 2017고단4602
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around September 23, 2011, the Defendant purchased a tracul tragic trag from Hyundai Macker Social Co., Ltd., with a loan of KRW 163,00,000 from the purchase price (60 equal repayment of principal and interest, KRW 3,740,253 per month, annual interest rate of KRW 11.69 per annum, interest rate per annum 24% per annum). On October 19, 2011, the Defendant paid a mortgage on the above tracing machine with the creditor’s Hyundai Social Co., Ltd., Ltd., and the bond value of KRW 163,00,000 at KRW 163,00 (long with a grace period on October 4, 2013), and the Defendant paid the principal and interest at KRW 163,00,000,000 to the above tracing machine (long with a grace period of KRW 2 months). From October 4, 2011 to April 2015.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the second public trial records;

1. Written statements of D;

1. A complaint filed with a limited company specializing in the first securitization of the EPS;

1. Notice of transfer of claims and acceptance of entrustment;

1. A service application for postponement of the repayment of social money installments in modern society;

1. Application of Acts and subordinate statutes of the Construction Machinery Register;

1. Relevant provisions of the Criminal Act and Article 323 of the Criminal Act concerning facts constituting an offense (the point of obstructing the exercise of rights and choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the reduced area (one month to eight months) (including a person subject to special mitigation] that is not subject to punishment (including a serious effort to recover damage);

2. Circumstances unfavorable to the decision of sentence: Although the Defendant had a record of criminal punishment by fines twice for the same kind of crime, the Defendant committed the instant crime. The method and content of the crime are not provided for in the light of the method and content of the crime.

The favorable circumstances: The victim shall be the victim during the trial of this case.

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