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(영문) 의정부지방법원 고양지원 2016.04.08 2015고단3674
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 20, 2013, the Defendant entered into a contract for installment financing with a non-us capital stock company and a vehicle with the victim on the nine floors of the IM building in Mapo-gu Seoul, Mapo-gu, Seoul, 33-1, and borrowed KRW 30,200,000 as the price for the vehicle to be cut down, and on November 21, 2013, purchased B-fol car from the French land, and on the same day, purchased B-fol car from the French land to the victim as a security on the same day, set up a mortgage with the mortgagee, bond amounting to KRW 24,30,000.

Nevertheless, on February 4, 2015, the Defendant transferred the said car, which became the object of mortgage, to “C” which is the credit service provider, as a collateral for the transfer, at a non-permanent area below Ansan-si.

Accordingly, the defendant, who was the object of the victim's right, concealed the victim's right by concealing the driver's car, which was the owner of the defendant's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a complaint, an application for writing on installment financing, an agreement on mislead of automobile, the register of automobile registration, a contract for transferring claims, and a notice of transfer and takeover of claims;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act requires the corresponding punishment in light of the background of the instant crime, the value of the vehicle, and the value of the security.

Vehicles have not been recovered.

However, considering the favorable circumstances that the defendant led to the confession of the crime, the amount of eight million won is paid for the repayment of principal and interest, the fact that it does not seem to be a planned crime, and the fact that there has been no criminal punishment records during the last ten years, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the defendant's age and gender, sex, sex, occupation, environment, family relationship, details of the crime, and circumstances after the crime.

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