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(영문) 광주지방법원 2017.09.26 2017고단3095

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On March 17, 2016, the Defendant applied for a loan to the "C" office located in Gwangju Mine-gu B and 302, and received a loan of KRW 35 million from the damaged company at a interest rate of 17.9% per annum, and created a collateral security interest of KRW 17.5 million as the mortgagee for the damage company's car in the name of the Defendant.

On October 2016, the Defendant borrowed KRW 10 million to a name-free bond business operator in the French area of Gwangju, Seo-gu (hereinafter referred to as "Seoul-gu") and provided the above vehicle as security and delivered the vehicle to identify its location, thereby hindering the Defendant's exercise of rights by concealing the goods of the Defendant, which became the object of the right of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes to the medium and large debate applications

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 suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Code of the Social Service Order - Transfer of the vehicle purchased with the loan to another person to make it impossible to enforce enforcement by the damaged company, and not until the damage has yet to be recovered - On the other hand, there is no same criminal history, - the vehicle was provided as security to resolve the refluentness because the management of the marina business operated with F and F is difficult, and in the process, F would have first proposed the crime.