logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.01.29 2017고단4882
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 September 26, 2012, the Defendant purchased 1 B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

On September 2012, the Defendant took out a loan of KRW 9,500,000 from a person who was unaware of his name in his name on the lower court, and provided the said vehicle as a security, thereby making the said vehicle known as the location of the said vehicle, thereby preventing the victim limited liability company that acquired the said claim from the C Co., Ltd. from exercising the mortgage.

Accordingly, the defendant concealed vehicles and interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed against a limited liability company;

1. Investigation reports (Attachment of details of transactions to be submitted by suspects);

1. Examination slips, applications for middle loan, registration certificates, copies of bankbooks, etc., register of automobiles, mortgage contract documents, assignment of claims and notification of consignment;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant had the purpose of selling a vehicle by referring to it from the time of the purchase of the vehicle, and under such purpose, it appears that he/she received a loan from C for purchasing funds, that the vehicle purchased by the loan is unable to perform compulsory execution by transferring the vehicle to another person, and that it is not yet recoverable from damage, but is disadvantageous circumstances, or that the defendant is deemed to reflect his/her mistake while living in custody for 40 days, and due to the defendant's detention, it would cause serious difficulties in raising his/her child in high school.

arrow