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(영문) 광주지방법원 2017.07.21 2017고단1685

권리행사방해

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 16, 2013, the Defendant purchased one motor vehicle unit of Da SM5 in the name of the Defendant in the name of the Defendant, and borrowed 20 million won as vehicle price from Korea for social services rendered by Alcia Co., Ltd. to the victim, and created a collateral security in the name of the victim with respect to the said motor vehicle.

Since July 2013, the Defendant borrowed 6 million won from a person who was unable to repay a loan to the victim company without the consent of the victim company, and provided the above vehicle as security and delivered it to him/her, and his/her location is unknown.

In this respect, the defendant concealed objects that were the objects of the victim company's rights and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Original Register of Automobile Registration;

1. The application of Acts and subordinate statutes on finance and loan agreements to be performed;

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;

1. The basic area [the scope of recommended punishment] of the recommended punishment on the sentencing guidelines [the types of decisions] the basic area [the scope of recommended punishment] six months from six months to one year;

2. Determination of sentence: Determination of sentence: Determination of sentence as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that no effort has been made to recover damage, such as recovering a vehicle for six months (two years of suspended sentence) of imprisonment or repaying a loan, that the value of registered mortgage claims is less than five million won, that there is no record of punishment for the same kind of crime, that there is no record of punishment, that confessions a crime, that a mistake is divided, that the defendant's age, sex behavior, environment, background of the crime, circumstances after the crime, etc.