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(영문) 수원지방법원 성남지원 2016.04.29 2015고단2517

권리행사방해

Text

A defendant shall be punished by imprisonment for six 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 April 8, 2014, the Defendant entered into a loan agreement with the victim KB Capital Co., Ltd. on the condition of loans 22,000,000 won in equal installments in 36 months, interest rate of 19.9% per annum, and received loans from the victim 22,00,000,000 won on April 9, 2014, when the Defendant registered the owner of the said Ireland under the name of the Defendant as the owner of the said Ireland CF as the collateral, and on the same day registered the establishment of a collateral security right on the same day with the mortgagee CB Capital Co., Ltd., 11,00,000 won in bonds purchased by the Defendant as the collateral, and the debtor as the debtor.

Nevertheless, on July 2014, the Defendant transferred the name of the victim (one person C) to a person (one person) who was unable to know his/her name, which was the object of the right to collateral security of the victim and became the object of the right to collateral security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of transactions (for certificate of the balance of liabilities), a second-hand discount/written application;

1. Application of the original register of automobile registration, payment order statutes;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following sentence is the same as the statement as to whether the suspension of execution is included in the suspended sentence);

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

1. [Scope of Recommendation] The basic area (from June to one year) (no person who is subject to special sentencing) shall interfere with the exercise of rights;

2. [Determination of sentence] The sentencing indicated in the records of this case, such as the following circumstances and the age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime.