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(영문) 서울중앙지방법원 2017.09.14 2017고단5120
권리행사방해
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 10, 2012, the Defendant purchased DYF YF Baa car in Seoul, Jung-gu, Seoul, and borrowed KRW 12 million from the victim Yangyang Life Insurance Co., Ltd. under the pretext of the purchase price for the car, and set up a collateral security right of KRW 12 million with respect to the said car as a collateral for the loan.

Nevertheless, on May 4, 2013, the Defendant delivered the said car to E in front of the 302 apartment complex of the Dong-dong 107-ro 107, Nam-gu, Chungcheongnam-gu, Ulsan-gu, the end of May, 2013, and left the Republic of Korea on June 4, 2013.

Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the victim company's rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Motor Vehicle Registration Register, applications for loans for motor vehicle purchase, and Acts and subordinate statutes certifying the highest length of exercise of mortgage rights;

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

1. On the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act, considering the following circumstances: (a) the Defendant’s recognition of the crime and reflects the Defendant; (b) the Defendant appears to have failed to properly adapt to the crime as North Korean defectors; (c) the Defendant’s primary crime without any record of the crime; (d) the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and (e) the circumstances surrounding the crime after the crime, etc., and (e) the sentencing conditions specified in the argument

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