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(영문) 수원지방법원 2020.01.09 2019고단5762
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 became final and conclusive.

Reasons

Punishment of the crime

On June 27, 2016, the Defendant agreed to pay 132,200,000 won from the victim C Co., Ltd. to equal interest for 60 months when purchasing truck vehicles with 4.5 tons of Korea-U.K. B, and on July 4, 2016, the Defendant created a mortgage on the above vehicle at KRW 132,20,000 as the mortgagee.

The Defendant paid the principal and interest of interest of a motor vehicle until December 2017, but failed thereafter, and thereafter the decision was made at the Suwon District Court around May 25, 2018, and the Defendant was notified by employees of the victim company of the decision on the auction of motor vehicle on June 1, 2018, and was requested to deliver the motor vehicle around the 19th day of the same month.

Nevertheless, on June 2018, the Defendant concealed the above vehicle in Jeju-do and prevented the victim from exercising his right by making his/her right known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the supplement of complaint and statement in D;

1. An agreement of installment financing, the register of automobiles and the register of automobiles (A);

1. The decision of the Suwon District Court, the protocol of impossibility of delivery of a motor vehicle, and the peremptory notice of exercise of rights;

1. Details of principal and interest repaid;

1. Application of Acts and subordinate statutes to letter, sender details and written closure data;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: Determination of sentence, taking into account the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of a crime, and circumstances after a crime was committed, the sentence shall be determined as ordered, taking into account various sentencing conditions shown in the arguments in this case

- The amount of loans which have not been repaid - reflect / like and not less than suspension of qualifications

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