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(영문) 청주지방법원 제천지원 2016.01.28 2015고단158
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 6, 2014, the Defendant purchased the Crocketing Lysta Habrid car from a non-us Iptha Co., Ltd. in the vicinity of Etwit-si, Chungcheongnam-si, and took out a loan of KRW 22 million from the damaged company. On the 14th day of the same month, the Defendant created a mortgage equivalent to KRW 11 million in the bond value in the name of the victimized company for the said car.

Nevertheless, on December 2014, the Defendant borrowed KRW 6 million from the Seoul Franchis Center located in the Gangseo-gun, which is located in the Gangseo-gun, as a security, and delivered the said car to the pawn-type business operator, thereby making it considerably difficult to locate the location of the said car.

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. Statement of the Defendant’s legal statement 1.D: A written application for a vehicle purchase loan, a written inquiry about the details of receipt, a notice of loss of time limit, a copy of a document verifying the details of request for delivery of a vehicle, a vehicle registration ledger, a copy of the decision on commencement of auction of a vehicle, and a copy of the decision on cancellation; and a copy of the protocol

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant caused considerable damage to the victimized company due to the instant crime, which is disadvantageous to the defendant. The fact that the defendant agreed smoothly with the victimized company, that the defendant led to the confession of the instant crime, and that there was no previous conviction within the last ten years is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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