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(영문) 수원지방법원 2017.09.01 2017고단2346

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

[Criminal record] On March 24, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Giwon, which became final and conclusive on June 16, 2017.

[2] On July 20, 2016, the Defendant: (a) purchased a trading car from the subsidiary finance, which is to comprehensively organize a social gathering of a company in the Dong-gu Incheon Metropolitan City, 191 and 2 (the third floor of Song-dong, Incheon, the third floor of the Incheon, which is located); (b) obtained a loan of KRW 14 million from the Bank in E-K Savings for the victim as a security for the above loan obligation; and (c) set up a mortgage on the bond value of KRW 14 million with the above victim company as a mortgagee for the above loan obligation.

After that, the Defendant paid the monthly payment on August 20, 2016, and did not pay the monthly payment from around September 20, 2016, and around that time, delivered the said car to the name-free winners (hereinafter “D”).

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An agreement on application for an erroneous debate, an automobile registration ledger, details of deposited inquiries, inquiry into details of transactions, a certified copy of the register;

1. Previous convictions in judgment: Reporting the previous convictions and results of confirmation, and applying the provisions of Acts and subordinate statutes which are remarkably true to this court;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant again commits the instant crime even though he/she was punished three times for the suspension of the execution of imprisonment due to fraud; however, it is unfavorable for him/her to commit the instant crime; however, the confession and reflect of the instant crime; equity between the case of judgment and the case of judgment at the same time as the judgment in which the judgment becomes final and conclusive; and