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(영문) 인천지방법원 2015.02.05 2013고단5498

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 14, 2011, the Defendant purchased a high-speed vehicle of KRW 13 million at the market price of the 101-13 B 304 Dong Dong-dong, Gangnam-gu, Seoul, and received a loan from the victim social Co., Ltd., which received the above purchase price. On April 18, 2011, the victim company created a mortgage on the above vehicle with KRW 13 million at the social Co., Ltd, the secured claim amount of the above vehicle.

On June 201, the Defendant arbitrarily lent money from the credit service provider in the name of the victim without the consent or consent of the victim company at a place below Incheon, and offered it as security and concealed it, which is the object of the victim's rights, thereby hindering the exercise of the rights of the victim company.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A complaint, a copy of the document at the time of loan, a written agreement for used capital stock, etc.;

1. Application of Acts and subordinate statutes of a report on investigation (Attachment to a motor vehicle register);

1. Grounds for sentencing under Article 323 of the Criminal Act (Selection of Imprisonment) concerning the relevant criminal facts;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Determination of sentence: Imprisonment with prison labor for four months (limited to reasonable circumstances) and imprisonment for a fine, and there is no other criminal record (unfavorable circumstances) (limited to continuous refusal to appear, two times in the course of investigation and trial, two times in excess of 475,007, and the remainder in default;

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