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(영문) 대전지방법원 2014.02.21 2013고단3844

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 May 14, 2012, the Defendant purchased the FEsVs380 car in the name of the FEssVscvs Co., Ltd., the representative director of which he/she works in the name of his/her agency located in the mountain, mountain and mountain areas C, and on May 15, 2012, on May 21, 2012, the Defendant borrowed KRW 67 million from the victim Ssckis Co., Ltd. and completed the registration of creation of a mortgage on the said car to the victim on May 21, 2012.

On December 2, 2012, the Defendant borrowed KRW 25 million from a person who was named in the name of G, which was introduced by G, and transferred the possession of the said vehicle to a person who was named in his name as security, thereby hindering the victim’s exercise of rights by concealing his own goods which became the object of the victim’s rights.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

1. The probationary sentence of Article 62(1) of the Criminal Act takes into account the following factors: (a) the scale of the damage caused by the violation of the law and the attitude of the defendant to commit the crime; (b) the punishment shall be punished by imprisonment with prison labor, taking into account the criminal records and the attitude of the defendant to state his/her opinion in the process of criminal punishment and