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(영문) 광주지방법원 2019.09.26 2019고단106
권리행사방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around November 1, 201, the Defendant: (a) purchased D passenger cars at the C store located in Gwangju Northern-gu, Gwangju; (b) obtained a loan of KRW 19,900,000 from the victim E to 7.8% per annum on a yearly interest rate of 7.8%; and (c) granted a right to collateral security on the said vehicle under the victim’s name; (d) on May 1, 201, the Defendant offered the said vehicle as collateral by borrowing KRW 10,000 from a non-filled credit service provider located in the GH car located in the Seoul Northern-gu, Gwangju; and (e) granted a right to collateral security on the said vehicle.

Accordingly, the defendant concealed the above vehicle which is the object of the victim company's rights, and obstructed the exercise of rights of the victim company.

2. On February 13, 2018, the Defendant violated the Military Service Act: (a) on March 12, 2018, via the G Apartment-gun International Apartment of the Jeonnam-gun and the Jho-ho K in the residence of the Defendant, the Defendant did not comply with the convocation within three days from the convocation date, without justifiable grounds, despite the receipt of a muster notice issued under the name of the director of the Gwangju regional military manpower office to call to the 328-33 social service training center on March 12, 2018, to the boundary of the Chungcheongnam-do Boan-gun

Summary of Evidence

1. Defendant's legal statement;

1. A petition for accusation or accusation;

1. Application of Acts and subordinate statutes, such as a loan application, mortgage contract, register of automobiles, certificate of contents, etc., receipt of a notice of call-up to social work personnel, resident registration card

1. Relevant Article 323 of the Criminal Act, Article 323 of the same Act, and Article 88 (1) 2 of the Military Service Act, concerning facts constituting an offense (the point of evading enlistment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The punishment as set forth in the Disposition shall be determined by taking into consideration the following: (a) the fact that the Defendant has served in good faith with regard to the fact that he/she has evaded enlistment in the grounds for sentencing under Article 62(1) of the Criminal Act; and (b) the fact that a limited liability company which has taken over a claim from the victim company from the victim company is deemed to have taken over

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