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(영문) 광주지방법원 2016.08.08 2016고단2283
권리행사방해
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2015, the Defendant established a right to collateral security in the name of the victim Non-Wnp Capital Co., Ltd. on the passenger car owned by the Defendant (hereinafter “Defendant”), and borrowed KRW 30 million from the victim company.

Nevertheless, on January 2016, the Defendant sold the said car to a person whose name cannot be known after receiving three million won of the said car on the roads near the Seoul Metropolitan Government Terminal.

Accordingly, the Defendant interfered with the exercise of rights by the victim company by concealing the Defendant’s passenger car which was the object of another person’s right.

Summary of Evidence

1. Statement by the defendant in court;

1. Supplementary filing of criminal complaint by non-nb c Capital, and C’s accusation;

1. Application of an agreement on a security loan ( October 14, 2015), and statutes of the Motor Vehicle Registration Register;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] and the scope of the recommended punishment [the scope of the punishment [the person who has been specially mitigated] [the person who has made a special mitigation] and the person who has not been punished (the defendant, including efforts to recover damage, returned the vehicle that became the object of the right to the victim non-n&n capital corporation and the victim submitted the written withdrawal of complaint, evaluation shall be conducted in the same manner as the case of non-compensation of punishment];

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

Defendant is led to confession, and is against himself.

The Defendant returned the vehicle to the victim non-nb case capital company, and the victim submitted a written withdrawal of the complaint to the Defendant.

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