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(영문) 전주지방법원 2018.05.10 2017고단2250

권리행사방해

Text

A defendant shall be punished by imprisonment for four 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 September 5, 2012, the Defendant purchased cub vehicles to C, and set up a collateral security (mortgage) worth KRW 20770,000,000,000 as a voluntary 27.4% on the condition that the agreement was made on the purchase of cub vehicles to cubers, and the Defendant was granted a loan from the victim's modern Capital Capitals to 48 months on the condition that the principal and interest shall be repaid in equal installments between 48 months and that the said vehicle be a creditor.

On February 2, 2013, the Defendant borrowed money from a bonds company with no name and delivered it as collateral to the bonds company, and did not secure the personal information, contact information, etc. of the above bonds company.

Accordingly, the defendant concealed a passenger car worth KRW 20,770,000 on the market price owned by the defendant, which is the subject of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of modern plenary loan contract, automobile registration ledger, and maximum Acts and subordinate statutes to the exercise of right to collateral security for automobiles;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment [the types of decisions] [the scope of the recommended punishment] under the sentencing criteria and the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the recommended punishment] that the punishment is not suspended (the exercise of the rights], and the reduction area [the scope of the recommended punishment] from January to August.

3. In this case, the decision of sentence is that the Defendant brought an obstacle to the Defendant’s exercise of the rights against the Defendant’s loans of KRW 20,770,00,00, which are the subject of the victim’s rights, by taking account of the loan and the method of crime, the circumstances in which the said vehicle was distributed on a large lane after the crime, etc., the fact that the details of the crime are not somewhat unfavorable to the Defendant.

However, the defendant acknowledges all the facts charged of this case and expresses his intention of reflection against the mistake.