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(영문) 대구지방법원 경주지원 2015.10.15 2015고단500

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2011, the Defendant borrowed 22,200,000 won from the Korea Social Services Korea Co., Ltd. LT300 on June 11, 2014 (the acquisition of bonds by the LT300 assets loan), and made a mortgage on 1, 201, the market price of 24,750,000 won owned by the Defendant as security, and became the object of the right by establishing a mortgage on 1st, 201. < Amended by Presidential Decree No. 24, Nov. 1, 2011>

On August 21, 2012, the Defendant borrowed KRW 7 million from a mutual infinite lending company at an infinite area below the ceiling on August 21, 2012, and transferred a passenger car along with necessary documents on the same day before the name of the said SM5 vehicle.

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. Statement to E by the police;

1. A complaint;

1. Application of installment financing and loan agreement, asset sales contract, and register of automobiles statutes;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act of the Suspension of Execution (the defendant is the first offender, the amount of damages caused by the crime of this case, and the circumstances leading to the crime of this case) is more than