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(영문) 대구지방법원 2019.10.31 2019고단2628

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 June 12, 2015, the Defendant purchased B C C, and took out a mid-term installment contract with the victim C, which provides that KRW 59.2 million shall be loaned to the victim C, and shall be repaid for 72 months, and around June 22, 2015, the Defendant created a mortgage on the claim value of the above C, which is KRW 4,140,000,000, in respect of the above C, to the victim company.

Nevertheless, on January 22, 2018, the Defendant borrowed KRW 15 million from D, and transferred the above vehicle as a collateral and made it unclear the location of the vehicle.

Accordingly, the defendant, who was the object of the victim company's right, concealed the front car owned by the defendant, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the register of automobiles statutes

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 323 (Options of Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

The favorable circumstances: The facts constituting the crime are recognized and the errors are divided. The unfavorable circumstances against the first offender are not agreed with the victim.