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(영문) 창원지방법원 2019.11.28 2019고단2600

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 June 21, 2018, the Defendant agreed to obtain loans of KRW 24 million from the Victim E Co., Ltd. to purchase D Spos among the “C” offices located in Daegu Northern-gu B, Daegu, and to repay in installments for 60 months. On June 28, 2018, the Defendant created a separate collateral mortgage on the said vehicle under the victim’s name. As such, the Defendant was obligated to keep the said vehicle until the loans are fully repaid.

Nevertheless, around February 1, 2019, the Defendant borrowed KRW 4 million from F in the vicinity of the Changwon Station located in 67 as the window of Changwon-si, and transferred the said vehicle to F employee in non-name as security.

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

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Under the decision of sentence, favorable circumstances such as the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime: The time of and reflects on the crime, and circumstances that may be considered in light of the circumstances leading to the crime due to difficult economic circumstances: The fact that the damage has not been recovered up to now.