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(영문) 대전지방법원 2020.04.01 2019고단3622
권리행사방해
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

[criminal power] On July 22, 2014, Defendant B was sentenced to a suspended sentence of two years for a violation of the Commercial Act at the Seoul Central District Court, etc. on October 2, 2014, and the said judgment became final and conclusive on November 22, 2014.

【Criminal Facts】

On October 12, 2012, the Defendants purchased D CoCoC car in the used cars trading complex located in Seo-gu Daejeon, Daejeon (Defendant A10% and Defendant B90%) and offered a mortgage on the above car amounting to KRW 25.8 million to the victim company on the previous day.

Nevertheless, the Defendants conspired to borrow money from an individual by providing the said car as a security for transfer to another person. On January 2013, the Defendants offered the said car as security and provided 8 million won from F at the mutual infash shop located in Seo-gu Daejeon, Seo-gu, Daejeon to find the location of the car considerably difficult.

As a result, the Defendants conspired to conceal the said car which was the object of the mortgage of the victim company and interfered with the exercise of rights based on the mortgage of the victim company.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. Statement made by the defendant A in the second protocol of trial;

1. Statement on the supplement of complaint by G;

1. Each complaint;

1. The register of automobiles (D);

1. Examination table, E-medium loan application form, and documents related to the transfer of bonds and collateral security;

1. Previous records: The results of inquiries, the US and the results of confirmation, and the application of Acts and subordinate statutes of the Seoul Central District Court decisions; and

1. The Defendants: Articles 323 and 30 of the Criminal Act and the choice of punishment for the crime: The Defendants shall be punished by imprisonment.

1. Defendant B who handled concurrent crimes: The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act;

1. Defendants subject to suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Defendant A: The Defendants conspired to commit the instant crime for four months of imprisonment and one year of suspended execution under their own name.

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