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(영문) 서울서부지방법원 2015.08.21 2014고단3328
권리행사방해
Text

A defendant shall be punished by imprisonment for four 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 April 20, 2012, the Defendant created a collateral security right of KRW 12.5 million at the bond value by providing CMW 528i car as collateral at the office of Han Capital Co., Ltd., Ltd., the 126 and 13th century in Gangnam-gu Seoul, Seoul, and by providing a mortgage of KRW 12.5 million.

On December 2012, the Defendant borrowed 45 million won from E’s office, which is a bond company in Eunpyeong-gu Seoul Metropolitan Government, for the purpose of collateral security of the said victim company, while paying the installment payment to the victim company, and provided the said car as collateral for the purpose of collateral security of the said company, and obstructed the exercise of the right by concealing the said car that is the object of collateral security of the victim company.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The police statement concerning F;

1. Application for installment financing agreements, register of automobiles, inquiry of credit balance, and application of Acts and subordinate statutes to the status of deposits in each Schedule;

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

1. Reasons for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution [the scope of recommending sentence] Article 62(1)(hereinafter referred to as Article 62(1)(hereinafter referred to as the “Suspension of Execution”) of the Act on the Punishment, etc. of Specific Crimes (hereinafter referred to as “Special Mitigation”), Article 62(1)(hereinafter referred to as “Special Mitigation”), Article 62(1) of the Act on the Suspension of Execution

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