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(영문) 대전지방법원 2018.11.23 2017고단4906
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 December 27, 2013, the Defendant purchased Crocketing car and set up a collateral security right with a loan of KRW 13,600,000 from Hyundai Capital as the vehicle price, whereby the Defendant obtained a loan of KRW 13,60,000 from Hyundai Capital.

On May 4, 2016, the creditor capital transferred the claim of the respondent to a limited company specialized in the securitization of the victim Es. S. and the company that received the claim transferred the claim to the victim. On May 23, 2016, the creditor company sent the notice of the transfer and acceptance of the claim to the victim and sent it to the victim.

On October 21, 2016, the Defendant, at around October 21, 2016, concealed the said vehicle at the auto-scrapping business place of the same vehicle and obstructed the victim’s exercise of rights by concealing it by means of scraping it, in order to prevent the Defendant from not making any contact even after being delivered with a certificate of content (the highest place for delivery of the mortgaged vehicle) for compulsory execution against the security interest of this vehicle by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined in consideration of the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. under the conditions specified in Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, following the reasons for sentencing:

An unfavorable circumstances: A normal condition that is advantageous to the fact that the right to collateral security has been established, even though it has been arbitrarily scrapped: The fact that the vehicle was unsatisfyed at the time of scrapping, that the mother who is a class 2 disabled person has to support at the time of scrapping, that there is no previous conviction in the same kind, and that there

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