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(영문) 광주지방법원 순천지원 2017.05.24 2016고단2128

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On March 15, 2014, the Defendant purchased CM5 car at the K network office in Incheon Seo-gu, Incheon, and took out a loan of KRW 10,000,000 as the purchase price for a car under the condition that the Defendant redeems the loan principal for 376,237 months each month, on condition that 376,237 won would be divided, and on March 17, 2014, the Defendant registered the said car in common with D’s mother’s name and created a mortgage of KRW 5,00,000 for the victim company.

As above, the Defendant, despite having set up a mortgage on his own car with the victim company, was receiving KRW 2,500,000 from the Seocho-si's Gyeongwon to E on June 2014 and lent the said car for about two years.

Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of the right by the mortgage of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written statement;

1. Decision on loans rendered by the medium and high-ranking division/lon agreement, Gwangju District Court's netcheon Branch 2014 Ghana 83249;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes governing family relations certificates;

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

1. Reasons for sentencing under the main sentence of Article 62(1) of the Act on the Suspension of Execution [Type] (Interference with Exercise of Rights) of the Framework Field 1 (Decision on the Place of Recommendation] [Scope of Recommendation] 6 months to 1 year / 6 months / 6 months / 6 months / 6 months / 6 months / 6 months / 2 year 2 year / 2 year / 2 year / 1 year / 2 year / 2 year , ELC lending company

On the other hand, the defendant has no same power and has no record of being punished more than a suspended sentence, and the defendant is against himself.