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(영문) 대구지방법원 상주지원 2015.10.20 2015고단304

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant registered a mortgage of KRW 50,500,000 as the mortgagee on the above physical last car as security on August 26, 2013, when the Defendant purchased a two-party car in the occupation and use of the two-party car in the name of the Defendant, and was given a loan of KRW 75,500,000 from the victim non-Ssty Capital Co., Ltd. in the name of the Defendant.

On August 27, 2013, the Defendant also registered a mortgage of KRW 25,60,000,000,000,000 as the mortgagee on the said Coinalet car as the mortgagee at around August 28, 2013, when the Defendant purchased the said Tcoin car under the name of the Defendant, while borrowing KRW 35,80,00 from the victim.

Since then on March 2014, the Defendant: (a) transferred the said car, which is the subject of the victim’s right, to F, the obligee of the Defendant; and (b) prevented the victim from finding the said car; and (c) obstructed the exercise of rights by concealing one’s own property, which became the subject of another’s right, by preventing the victim from being contacted with the said car.

Summary of Evidence

1. Court statement of the defendant (the date on which the first trial is made);

1. Investigation report (for telephone conversations of a suspect),

1. A complaint;

1. Application of each written agreement on installment financing and erroneous discussion (application), each motor vehicle register (No. 46,80 pages of investigation records), each notice of loss of benefit within a specified period (No. 52,86 pages of investigation records), and each written decision (No. 53,87 pages of investigation records) (No. 53,87 pages of investigation records) shall be applicable;

1. Article 323 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, which was prosecuted on June 30, 2015, is not subject to sentencing guidelines. The Defendant agreed smoothly with the victim after the instant indictment, and the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, etc., and the circumstances after the crime.