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(영문) 대구지방법원 2020.11.19 2019고단5949

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 6, 2018, the Defendant purchased one of the DMW passenger cars in Seo-gu, Daegu-gu, and borrowed KRW 25,500,000 from the victim E Co., Ltd., and around July 13, 2018, the Defendant set up a mortgage on the said passenger car as security for the said debt amounting to KRW 25,50,000.

The Defendant paid KRW 2,338,860 out of the borrowed money of KRW 25,50,000, and paid the remainder of principal and interest, and avoided contact with the victim by changing contact details even after having been requested by the victim to return the borrowed principal or to return the vehicle, while the Defendant avoided contact with the victim by borrowing KRW 10 million from F on September 2018, the Defendant provided the said vehicle as security and provided all documents necessary for transferring the vehicle.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. A complaint;

1. Application for middle and high-speed debate, agreement, certified copy, abridged copy, and application of Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The suspended sentence under Article 62(1) of the Criminal Act is not good to the nature of the criminal defendant for the reason of sentencing, the damage has not been recovered, multiple criminal records have been committed, and the trial proceedings have been initiated by means of service by public notice due to the defendant's unknown whereabouts, and the defendant's age, character and conduct, environment, means and results of the crime, and other various conditions of sentencing as shown in the trial proceedings of this case, including the circumstances after the crime, shall