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(영문) 춘천지방법원 원주지원 2018.04.11 2018고단65
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for a crime in the original state branch of the Chuncheon District Court on November 27, 2012, and the judgment became final and conclusive on December 5, 2012. On June 9, 2015, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment for a crime of fraud in the original state branch of the Chuncheon District Court on June 9, 2015, and the judgment became final and conclusive on August 26, 2016.

[2] Around April 5, 2010, the Defendant borrowed KRW 35,000,000 from Gangnam-gu, Seoul, Gangnam-gu, Seoul, with a loan of KRW 35,00,000 from the Defendant Hyundai Dold Co., Ltd., the Defendant secured the Defendant’s collateral and set up a mortgage on the amount of KRW 35,00,000 in a passenger car owned by the Defendant.

On May 24, 2011, the Defendant borrowed money from 25,248,735 won out of the above loans, and delivered the said vehicle to the employees of the pawned Art, as security, to the employees of the pawned Art, even though he was unable to repay the said amount.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and application of statutes of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Suspension of Execution of the Criminal Act (the crime of this case is committed in light of the method and consequence thereof, and there are circumstances unfavorable to the defendant, such as the nature of the crime and the significant criminality. However, as of the time of the crime of this case, there was no criminal conviction against the defendant, and there was an agreement with the victim, and the defendant has been deeply divided into his fault, and the social relation of the defendant is obvious, and the motive and circumstance of the crime of this case, the circumstances after the crime, the age, occupation, and occupation of the defendant.

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