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(영문) 인천지방법원 2018.11.30 2018고단7467

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 May 2, 2014, the Defendant purchased Category D Track vehicles from the Seoul agency located in Seo-gu Incheon, and borrowed KRW 2290,000 (20,901,177 won: 20,000) from the victim SP Capital Co., Ltd. (the transferee of claims: the Dongyang Asset Management Loan Co., Ltd.) and set up a mortgage over the above vehicle in the name of the damaged company on May 28, 2014.

However, in 2015, the Defendant borrowed 5 million won from a person who was unaware of his name at the office of the mutual influorial loan business in the vicinity of the Michuhol-gu Incheon Mung-gu, Incheon, and provided the above vehicle as collateral and distributed it to the so-called large vehicle.

Accordingly, the defendant concealed the defendant's property which was the object of the right of the damaged company and obstructed the exercise of the right of the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Although the Nos. 4 and 4 of the E’s list of evidence is indicated as “statements”, the E’s statement appears to fall under “statements” on the evidence records, and thus was corrected and entered.

1. A complaint filed by a mutual fund lending company of the same asset management;

1. Certificate of deposit, contract of debtor's director, transfer of assets, notice of transfer of claims, and proof of contents thereof;

1. Application of Acts and subordinate statutes, such as orders to deliver a motor vehicle before applying for auction, each motor vehicle registration ledger (D), case search and loan examination table, etc. of the Supreme Court (B), registration certificate (D), notification of loss of time limit, etc.

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the persons who are in charge of special sentencing] [the persons who are in charge of the exercise of their rights] - The elements of mitigation: sources of punishment (including serious efforts to recover damage): [the scope of the recommended punishment] [the scope of the recommended punishment] 1 month to 8 months [the persons who are in charge of general sentencing] - The factors of mitigation: the strong reflectness;

2. Whether to suspend the execution;