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(영문) 춘천지방법원 원주지원 2017.11.30 2017고단261

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 29, 2015, the Defendant: (a) purchased D vehicles at the agency located in B at the Won-si, Seoul; (b) provided the said vehicle as security; and (c) set up a mortgage on the said vehicle of KRW 20,720,000,000 in the value of the claim on the said vehicle; (c) provided the said vehicle to transfer the said vehicle to the Seoul Franchi, which is located in the Gangseo-si, Gangwon-do, Gangwon-do; and (d) transferred the said vehicle at KRW 10,000,000,000 to the Seoul Franchi, thereby hindering the exercise of the right by concealing

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;

1. In the event that loans exceeding KRW 27 million are not repaid, there is a significant damage to the victimized company due to the occurrence of the instant crime, the fact that there is no record of criminal punishment except for a fine, the whereabouts of the accused does not have any record of being sentenced to criminal punishment, the fact that the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered as follows: (a) the reason for sentencing of imprisonment [the scope of recommendation] [the scope of recommendation] and the reason for obstructing the exercise of the right to the punishment; (b) the basic area (six months to one year) [the person who has been subject to special sentencing] is not paid; (c) the punishment of this case is not confirmed; (d) the defendant's age, sexual behavior, intelligence and environment, the motive and consequence of the crime, and the circumstances after the crime.

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