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(영문) 서울동부지방법원 2021.02.18 2020고단3856

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 29, 2018, the Defendant purchased a D SP car in the C Trading Complex located in Seocheon-si B, and borrowed KRW 23 million from the victim E Co., Ltd., and on October 2, 2018, the Defendant established a mortgage on the said car owned by the Defendant for the victim company as a security at KRW 23 million.

On May 2019, the Defendant borrowed 2 million won from a bond company whose name is unknown, and transferred the said vehicle as security at the market price of 23 million won and made it unclear the location of the vehicle.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of E-motor vehicle financial products application form, agreement of erroneous debate (highest), certified copy of the motor vehicle registration ledger (A), certified copy of the motor vehicle registration ledger (B), certified copy of the motor vehicle registration ledger (B), and application of statutes;

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

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type of decision] Crimes interfering with the exercise of the right, etc. [Type 1] There is no [the territory of recommendation and the scope of the recommended punishment] [the scope of any special sentencing] [the scope of the recommended punishment] basic area, six months to one year [the general person subject to sentencing] - The amount of mitigation factors: The advanced reflect [the reasons for suspended execution] - The reason for general recognition has no criminal records of serious reflection or suspension of the execution of imprisonment with labor or heavier punishment.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;