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(영문) 인천지방법원 2020.04.22 2020고단273
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 13, 2018, the Defendant borrowed KRW 25 million from the victim B Co., Ltd. (the balance of loans: KRW 22,779,627) from the victim B Co., Ltd., and on the same day, on the same day, the Defendant created a mortgage equivalent to KRW 25 million in the name of the victim Co., Ltd. on the passenger car owned by the Defendant.

However, around August 21, 2018, the Defendant borrowed from F 14 million won from E Exclusive Party D in Gangwon-gun, Gangwon-do, and disposed of the said vehicle as security.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each specification of transactions (A), certified copy of the register of motor vehicles (C), certified copy of the register of motor vehicles (C), and terms and conditions of loan transactions;

1. Application of statutes, such as a protocol of impossibility to deliver a motor vehicle, a certificate of borrowing money, operation of secured motor vehicles and written consent to use;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction, etc. of another’s exercise of rights [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person] and the basic area of recommendation, six months to one year;

2. The sentencing conditions stated in the records of this case, including the Defendant’s age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, including the fact that the Defendant did not have any criminal record more than the previous or fine, shall be determined as ordered by the sentence.

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