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(영문) 의정부지방법원 고양지원 2015.01.16 2014고단1634
권리행사방해
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A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant: (a) purchased a used vehicle trading merchant, Han LAWnB office Co., Ltd. and CM5 car (registration number after change: D); (b) obtained a loan from the victim Aju Capital Co., Ltd. on the condition that the above vehicle would be repaid in installments for 36 months; and (c) completed the mortgage creation registration on September 30, 2013 by providing the victim with the above vehicle registered in the name of the Defendant to the victim as collateral on September 30, 2013.

Around March 27, 2014, the Defendant, without the consent of the victim, offered the said vehicle as security, delivered the said vehicle, and transferred the name.

Accordingly, the defendant concealed the vehicle owned by the defendant, which was the object of the victim's right, so that it can not grasp the location of the vehicle, thereby hindering the victim's rights

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of the loan application or the register of automobiles statutes;

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 reason for sentencing under Article 62-2 of the Social Service Order Act is that the victim's actual amount of damage caused by the instant crime is 18 million won or more, and the defendant did not make any effort to recover damage; the defendant has no record of punishment exceeding the punishment history and fine due to the same crime; and the defendant has no record of punishment exceeding the punishment history and fine; and the defendant's age, character and conduct, family relation, criminal records, the background of the instant case, and the subsequent progress, etc. shall be comprehensively

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