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(영문) 수원지방법원 성남지원 2019.07.09 2019고단806
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

Around December 3, 2013, the Defendant borrowed KRW 30 million from the victim D Co., Ltd. as a fund for the purchase of rocketing car from the victim D Co., Ltd., and on security on December 5, 2013, the Defendant set up a mortgage on the above car amounting to KRW 30 million in the victim’s claim value.

Nevertheless, on January 2014, the Defendant borrowed KRW 11,300,000 from F from F at an unspecified place and transferred the said car and the Defendant’s certificate of personal seal impression to F as security, making it unclear where the said car is located.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the new application form (12 pages of investigation records), the register of motor vehicles (23 pages of investigation records), the statement of transaction by account (72 pages of investigation records), the closure of text messages and photographs (10 pages of investigation records) to Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of recommended sentences [decision of type] according to the sentencing guidelines from January to five years of imprisonment [Article 1] Obstruction of Exercise of Rights, etc. [No person in special form] [the scope of recommending and recommending] interference [no person] [the scope of recommending and recommending] fundamental area, six months to one year [no person in general] [the grounds for suspension of execution] ] general pride: 6 months of imprisonment with prison labor, two years of suspended sentence, the defendant purchased SUV vehicles from the victim company with a loan of KRW 30 million from the victim company and purchased them, and then borrowed KRW 13 million to another person per month, and as security, the victim company's credit amount is 30 million.

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