logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.06.21 2018고단240
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 21, 2017, the Defendant: (a) purchased one motor vehicle in Ireland; (b) agreed to borrow KRW 12,60,000 from the Victim Capital Co., Ltd. to repay KRW 480,540 per month on March 23, 2017; and (c) decided to set up a collateral security right on the said motor vehicle as security to the victim company on March 23, 2017; (b) on two occasions, the Defendant paid KRW 988,285,00 on two occasions; and (c) even if the remaining amount was not repaid, the Defendant concealed the said motor vehicle, which was the object of the collateral security right of the victim company, to transfer it to the Buddhist borrower; and (d) obstructed the exercise of the rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Statement of impossibility of delivering an automobile;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes concerning the details of receipt of interest on disposable discrimination;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [Scope of Recommendation] Suspension of Exercise of Right (Interference with Exercise of Right) [1-8 months] The scope of mitigation of punishment [person with special mitigation] is late after the decision of sentence] and agreement with the victim at latest, the confession of the crime is contrary to the mistake in the confession of the crime, and there is no criminal record of imprisonment or any heavier punishment. The sentence is determined and its execution is postponed by comprehensively taking into account all the factors such as the motive and circumstance of the crime, circumstances after the crime,

arrow