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(영문) 대전지방법원 논산지원 2018.11.16 2018고단292
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant purchased CK5 vehicles from Daejeon Seo-gu B, Daejeon, with a loan of KRW 20,440,000 from the victim Hyundai Capital Co., Ltd. for the purchase price of the above vehicle, and registered the establishment of mortgage in the name of the victim company with the debtor as the defendant.

Around that time, the Defendant borrowed money from the handicapped and concealed the above K5 vehicle owned by the Defendant, which was the object of the rights of the victim company, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement on complaints filed against D;

1. An application for heavy loan and the register of automobiles;

1. Application of Acts and subordinate statutes to report on investigation (to listen to the Flag statement by telephone);

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, Article 323 (1) of the Criminal Act, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentence] / The defendant provided a vehicle purchased by the defendant as security to another person, thereby causing substantial damage to the victim. Since the vehicle that the defendant provided as security cannot be known even until now, the vehicle used as a large vehicle and is likely to be used for another crime. Thus, the crime of this case is not less complicated for the crime of this case.

On the other hand, the defendant's mistake is recognized, and it is the first offense.

Some of the damages have been repaid and efforts have been made to recover the remaining damages in the future.

The sentence shall be determined as ordered by taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the circumstances after committing a crime.

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