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(영문) 대구지방법원 2017.10.19 2017고단4116
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 May 21, 2013, the Defendant: (a) granted a right to collateral security on a B car owned by the Defendant; (b) obtained a loan of KRW 19,800,000 from the Plaintiff’s Hyundai Capital Co., Ltd.; and (c) borrowed KRW 7,00,000 from the name in a place unknown at around July 24, 2013; (b) concealed the said car as a collateral and prevented the victimized person from compensating for the said loan; and (c) obstructed the Defendant’s exercise of the right by preventing the victimized person from exercising the right to exercise the right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of C’s complaint;

1. Complaint;

1. Application of an automobile register, the ledger of automobile registration (B), the peremptory notice to exercise of the right to collateral security on automobiles, and application of Acts and subordinate statutes on deposit and withdrawal transactions;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) (the person who is subject to special sentencing) [the person who is subject to special sentencing] [the decision of sentence] a defendant purchased a vehicle with a vehicle in installments and then disposed of it to another person only three months after the defendant purchased it with a vehicle, and thus, the damage has not been repaid until now.

However, the punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances such as the defendant's recognition of the crime of this case and reflects the mistake, the fact that there is no record of punishment of the same crime or fine or heavier punishment, the repayment of part of the installment, the actual gains of which are seven million won or more, and the age, sex, environment, motive and circumstance of the crime, and all other factors of sentencing, including the circumstances after the crime, etc.

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