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(영문) 대구지방법원 2018.04.03 2017고단6253
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2016, the Defendant: (a) purchased BM3 passenger cars from the T&M Korea for social services rendered by A&C Co., Ltd. (the remaining principal of KRW 16,706,329) in the name of the victimized Company; (b) borrowed the purchase fund of KRW 19 million from Korea for social services purchased by A&C Co., Ltd. (the remaining principal of KRW 16,706,329), and (c) set up a mortgage on the said vehicle in the name of the victimized Company.

In addition, on September 13, 2016, the Defendant borrowed 12.5 million won from the Victim Savings Bank Co., Ltd. from the victim corporation, and as security, set up a collateral security of 12.5 million won in the name of the victim corporation (the remaining principal KRW 11,459,051) in the said vehicle.

However, on March 2017, the Defendant transferred the said vehicle to a person who is one-person C in the vicinity of the Daegu Dong-gu, Daegu-gu, Daegu-gu as part of the performance of the obligation, and distributed it to the so-called large vehicle.

Accordingly, the defendant concealed the defendant's goods that were the object of the rights of the victimized company and obstructed the exercise of rights by the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A credit transaction agreement, etc., the motor vehicle registration ledger, and voluntary auction documents;

1. Application of Acts and subordinate statutes to certificates of automobile registration information, such as a written agreement;

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

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no basic area (6 months to one year) [the person who is subject to special sentencing] [the person who is subject to special sentencing] [the decision of sentencing] unfavorable circumstances:

A favorable circumstances: There is no previous conviction exceeding a fine.

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