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(영문) 춘천지방법원 원주지원 2018.03.22 2018고단17
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 8, 2017, the Defendant was sentenced to imprisonment with prison labor for 10 months on the charge of forging private documents at the source of the method of using the original document, and the judgment became final and conclusive on August 17, 2017.

On September 28, 2012, the Defendant obtained a loan of KRW 15.6 million from 1035,60,000 from the Hyundai Capital Co., Ltd. at the second and second location of the modern galth of the galth of the galth of the B, one owned by the Defendant. However, on July 2013, the Defendant transferred the said car to the “C” who acquired the Defendant’s credit against the Defendant around May 20, 2016, and prevented the Defendant from withdrawing the said car, thereby hindering the Defendant’s exercise of rights by concealing the said car, which was the object of the rights of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint, a written application for the loan of modern Capital, a copy of the notice of transfer of bonds and acceptance of entrustment, and a copy of the register of automobile registration;

1. Previous conviction in judgment: The application of Acts and subordinate statutes reporting the inquiry about the career of residents and individuals, the current status of personal confinement, previous convictions in disposition and results thereof;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) is against the defendant's wrongness; (b) the punishment should be determined in consideration of equity with the case where the defendant has committed the crime stated in the judgment at the same time; (c) the amount of damages inflicted upon the victimized company due to the instant crime is not significant; (d) there are records of criminal punishment for multiple criminal acts; and (e) other various circumstances, including the defendant's age, sexual behavior, intelligence and environment; (e) the motive, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the punishment shall be determined as indicated in the order.

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