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(영문) 대구지방법원포항지원 2020.10.21 2020고단399

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 20, 2015, the Defendant purchased D AP car in North-gu B at the port of Port on May 20, 2015, and borrowed KRW 34,700,000 from the victim E Co., Ltd. and issued a mortgage on the said car at KRW 23,300,000 with the bond value at KRW 23,00.

Since then, the Defendant paid a loan of KRW 21,982,00,000 (the remaining principal: KRW 12,717,996) and received a guide from the victimized Company that if an installment is not paid from the victimized Company on December 2, 2018, the car should be returned. However, the Defendant received a cash of KRW 3 million from the “F” private lender at a place not known to him on April 19, 2019 and dried the said car.

Accordingly, the defendant concealed the defendant's property which was the object of the right of the damaged company and obstructed the exercise of the right of the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on claim consultation, results of visits to collect vehicles of complainants, details of request for receipt of installments, details of receipt in preparation for plans, applications for motor vehicle financial instruments, written agreements on motor vehicle financial instruments, scheduled notice of loss of term interest, register of motor vehicles, written decision-making, protocol of motor vehicle delivery impossible,

1. Relevant laws concerning criminal facts, Article 323 of the Criminal Act selection of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type] : Obstruction of Exercise of Exercise of Rights, etc. [Class 1] No person [the scope of recommending area and recommendation] [the scope of a person who is a special person] [the recommended area and recommendation] fundamental area, six months to one year [the person who is a general person] - there is no record of criminal punishment [the grounds for suspension of execution] - There is no record of criminal punishment - There is no record of criminal punishment - there is no record of general pride - there

3. The amount of damage, motive and background of the crime, circumstances after the crime, together with the above sentencing factors.