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(영문) 인천지방법원 2018.07.13 2018고단3112

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2014, the Defendant, at the office of “C Co., Ltd.,” operated by the Defendant in Jung-gu Incheon, Jung-gu B lending 102 202 dong 202, and at D, in order to raise the purchase price for the automobile, the Defendant borrowed KRW 67 million from the victim A Capital Co., Ltd. to obtain a loan from the Defendant, and around August 4, 2014, entered into a mortgage contract with the amount of KRW 33.5 million as the mortgagee on the said automobile as security.

Nevertheless, on February 2018, the Defendant borrowed money from a person without the name of the victim and delivered the said vehicle for the purpose of securing the victim’s right, thereby hindering the victim’s exercise of right by concealing one’s own goods which became the object of another’s right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written complaint of a capital stock company;

1. An application form to be discussed, a written agreement to be discussed, the details of receipt of principal and interest of each time discrimination, and the highest head;

1. Application of the motor vehicle registration ledger, all of registered matters, and statutes governing certificates;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] basic area [the scope of the recommended punishment] from six months to one year [the person subject to general sentencing] - Reduction elements: The remote reflective area;

2. Whether or not to suspend the execution (general circumstances): - There is no serious reflection, or no criminal record of a suspended sentence or heavier.

3. The Defendant’s crime of sentencing was committed with a loan from the injured party and the mortgage was placed on the car, but the car was transferred to him as a collateral and concealed by transferring the car. The Defendant’s legitimate exercise of the right is the victim.