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(영문) 창원지방법원 2017.07.19 2017고단315

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 8, 2016, the Defendant agreed to pay KRW 961,280 per month in equal installments in order to purchase the vehicle at the 1154 (State) Franz's central office of Busan, as the end of the year-gu, Busan, and to raise the purchase price of the vehicle by purchasing C E200 scenz vehicles, and to receive KRW 27 million from the victims' savings bank. The Defendant agreed to pay KRW 961,280 per month in equal installments during the 36-month period from the following month.

On the same day, the Defendant registered the transfer of the above vehicle in the name of the Defendant, and at the same time, set up a collateral security right of KRW 27 million with the victim as the right holder of the above vehicle as the right holder of the claim.

After that, on September 2016, when the Defendant paid the above loans only four times, and did not pay the remainder of the principal and interest of the loans, the Defendant concealed the above vehicle as collateral for the debt amounting to KRW 13 million, which was borne by the Defendant at the first floor parking lot of the Busan Suwon-gu, Suwon-gu, Busan, which was operated by the Defendant, in order to prevent confirmation of its location.

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. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Punishment of Imprisonment);

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

1. Persons who are subject to special sentencing sentencing guidelines from January to August to June 1 of the exercise of their right based on the basis of the classification of types of crimes, from August to October to June 1 of the Criminal Procedure Act (the basic remuneration of 300,000 won for the national defense counsel): The former sentence sentenced to general sentencing in the mitigation area (one month to eight months): Imprisonment with prison labor for a period of eight months: similar criminal records (the two years of fraud, the imprisonment with prison labor for a period of two years of 206), and the absence of a public trial for a period of two years of suspension of execution (the first time): Confession of a crime; the confession of a victim company; the amount of punishment for the victim company; the amount of punishment for the victim company; the amount of imprisonment with prison labor for a period of eight months: