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(영문) 대구지방법원 안동지원 2015.07.14 2015고단208
권리행사방해
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, 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 July 5, 2012, the Defendant borrowed KRW 15,300,000 from the victim to raise the purchase price for the car in the name of the Defendant at the office of Korea Social Services Korea Co., Ltd., Ltd., Co., Ltd., Ltd., Co., Ltd., Ltd., of Geumcheon-gu Seoul, in order to purchase the car of KRW 30,00,000 from the victim, and registered the right to collateral security of KRW 15,30,000 as the mortgagee on the same day.

On July 2012, the Defendant: (a) transferred the said passenger car, which is the subject of the victim’s right, to a person who was in front of the Seocho-dong War, and prevented the victim from finding the said passenger car; and (b) obstructed the exercise of the right by concealing one’s own goods, which is the subject of another’s right.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. An agreement on loans for purchasing secondhand cars;

1. Application of the register of automobiles statutes

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

1. The reason for sentencing under Article 62(1) of the Criminal Act was not completely recovered, and the Defendant did not agree with the victim.

However, in the process of borrowing money, the defendant seems to have committed the crime of this case with the knowledge of the relevant laws, repaid some of the damages, and has no record of being punished for the same kind of crime.

In addition, in consideration of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc., the sentence as ordered was determined and the suspended execution was selected.

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