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(영문) 대구지방법원 2020.06.03 2020고단405
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 12, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Daegu District Court, which became final and conclusive on August 19, 2013.

On February 22, 2013, when purchasing BNS car at a non-place, the Defendant entered into a loan contract with the victim C Co., Ltd. (D Co., Ltd.) with the content of KRW 25,000,000, interest rate: 25.9% per annum: repayment period: 36 months; and payment wage: 1,005,934 won per month; on February 25, 2013, the Defendant created a mortgage of KRW 25,00,000 in the name of the victim company.

Nevertheless, on June 2013, the Defendant was unable to grasp the location of the said vehicle by transferring the said vehicle to the lender of the vehicle by taking the security of the loan amount of KRW 2 million from the borrower of the vehicle in his name-free place located below the seat of the Daegu-gu Seoul-gu death.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A copy of the installment financing agreement and the register of automobiles; and

1. Previous records of judgment: Criminal records, references to criminal records, case search and inquiry, application of a copy of judgment, and Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no person [the scope of recommendation and recommendation] [the scope of a person who is a special person] [the scope of recommendation field and recommendation] basic area, six months to one year [the person who is a general person] of imprisonment [the grounds for suspension of execution] - The strong reflectness - The general reason for suspension of execution: no effort to recover damage is made.

3. Determination of sentence: The vehicles indicated in the judgment after the defendant has paid two times an installment in six months of imprisonment with prison labor;

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