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(영문) 청주지방법원 제천지원 2019.06.13 2019고단100

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

except that 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 January 3, 2013, the Defendant: (a) purchased BYF rocketing vehicles from the sales store of a motor vehicle in light of its trade in luminous cities; (b) borrowed KRW 19.7 million from the victim C Co., Ltd. as the purchase price for the motor vehicle; and (c) on January 4, 2013, the Defendant set up a collateral security on the said motor vehicle in order to secure the claim for the above loans to the victim Co., Ltd.

Nevertheless, around August 2013, the defendant transferred the above vehicle to the creditor in the name in the defendant's residence located in the Chungcheongbuk-gun D, which caused the uncertainty of his location.

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

Summary of Evidence

1. Defendant's legal statement;

1. The supplementary statement of E;

1. A complaint filed by the F (ownership);

1. A copy of the application for heavy loan, and a copy of the examination table;

1. Copy of the register of automobiles;

1. Application of statutes of peremptory notice;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendation [the scope of recommendation] according to the sentencing criteria, obstruction of exercise of one’s right and obstruction of another’s exercise of one’s right and obstruction of another’s exercise of one’s right and obstruction of another’s exercise of one’s right and obstruction

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

The crime of this case is not suitable in that the defendant purchased the vehicle, received a loan from the victim as the price for the vehicle, set up the right to collateral security, and delivered it to the creditor, and concealed it. The crime of this case is not suitable in that it interferes with the legitimate exercise of rights by the victim.

The favorable circumstances: The mistake is recognized and reflected.

The victim shall pay 10 million won to the victim and shall agree.