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(영문) 대전지방법원 2018.12.20 2018고단3005

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2013, the Defendant borrowed KRW 56 million from the victim Aju Capital Co., Ltd. and set up a right to collateral security against CK9 as a mortgagee on the passenger car owned by the Defendant.

around May 2017, the Defendant borrowed KRW 9.5 million from E, which was known by the introduction of the above D in order to repay debts of KRW 10 million to D at a non-place below the Gangnam-gu Seoul Samsungdong, and transferred the said car to the above E, along with documents necessary for the transfer of the vehicle, such as the above car registration certificate, etc.

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. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A written complaint;

1. Complaint;

1. Application of an off-to-face application, the Motor Vehicle Registration Register, the highest head, the details of receipt of principal and interest of disposable discrimination, decisions on voluntary auction of motor vehicles, inquiry into credit information, investigation reports (with respect to telephone conversations in the D and E), and application of Acts and subordinate statutes to report criminal investigations;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

Unfavorable circumstances: The fact that the liability for the crime of this case is not easy in light of the circumstances, contents, etc. of the crime of this case; the circumstance that the amount of damage is more favorable: The confession of the crime of this case; there is no previous conviction, there is no criminal punishment of fines or more; the repayment of the amount of fine in installments for 38 months; and the fact that the victim has agreed with the victim.