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(영문) 대구지방법원 경주지원 2020.06.10 2019고단630

권리행사방해

Text

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

Reasons

Punishment of the crime

On February 15, 2017, the Defendant entered into a loan agreement with the victim C Co., Ltd. to pay 45 million won in equal installments for 48 months while purchasing BNS car in Daegu, and on February 17, 2017, set up a mortgage on the said car as mortgagee and the bond value at KRW 225 million.

Nevertheless, from July 2018 to August 2018, the Defendant borrowed KRW 10 million from the person who was unaware of the name of the credit service provider at the yellow Park parking lot located in the 79-41, Jari-ro, Young-si. In order to transfer the said car at his own discretion and to make the location unknown.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaint of the C stock company;

1. An application for a middle or old debate, the register of automobiles;

1. Application of Acts and subordinate statutes concerning D voluntarily auction of motor vehicles;

1. The punishment shall be determined as ordered by the Supreme Court’s sentencing guidelines (six to one year) by taking into account the pertinent legal provisions on criminal facts and the fact that there are many records of punishing a large number of property crimes on the grounds of sentencing as prescribed in Article 323 (Obstruction of Exercise of Rights and Selection of Imprisonment) of the Criminal Act, the fact that damage has not been recovered, the attitude of taking trial, the sentencing criteria of the Supreme Court’s Sentencing Committee (Obstruction of

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