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(영문) 수원지방법원 2018.01.10 2017고단5836
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2012, the Defendant purchased Branchising car at the middle and high-speed trading company where it is difficult to know the trade name in Ansan around September 10, 2012, and borrowed KRW 15 million from the victim Arosing Capital. On September 11, 2012, the Defendant set up a mortgage on the said car by the mortgagee at the value of the claim amounting to KRW 10.5 million.

However, on December 27, 2013, the Defendant borrowed 3.5 million won from the name-free lender in the bond office where the name of the company in hand-on operation at the Suwon-si Office is unknown, and the Defendant transferred the above car as security so that the victim could not confirm the location of the company.

Accordingly, the defendant concealed the above car which was the object of the victim's mortgage and interfered with the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to the Motor Vehicle Registration Register shall apply to filing of a complaint, chief executive officer, summary statement, summary statement, deposit statement, notice of transfer of claims, and the motor vehicle registration ledger;

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 (a favorable circumstance of the reason for sentencing) indicates the intention of the complainant not to prosecute the criminal defendant, taking into account all the conditions of sentencing revealed in the trial process, and sentencing as ordered by the court.

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