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(영문) 대구지방법원 포항지원 2018.01.11 2017고단1426

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant agreed to pay KRW 519,251 each month for 60 months after receiving a loan of KRW 20 million from the victim non-NF Capital Co., Ltd. at an infinite level below Ma-si. The Defendant set up a maximum amount of KRW 1,3420,000 per month for B cargo vehicles owned by the Defendant on the same day as security.

From February 1, 2017, the Defendant delayed the payment of the above loan and notified the victim to return the above cargo to the victim in order to exercise the mortgage, but did not reside at the registered address, and rejected the request for return of the above vehicle by means of avoiding contact with the victim and making it impossible for the victim to know the location of the vehicle, thereby hindering the victim’s exercise of the right by concealing the vehicle that became the object of the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Motor vehicle registration ledger, integrated inquiries into loans related to loans, details of loans, and notices of loss of term interest;

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

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person who is subject to special sentencing] [the decision of sentence] Defendant is divided by mistake, circumstances of the crime, degree of damage to victims, etc.