logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2016.08.24 2016고단162
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 became final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant purchased D-string passenger cars from the Defendant and the Defendant Company in the C-W coffee shop in the name of the Defendant and E, the Defendant: (a) borrowed KRW 40,000,000 from the Victim Capital Co., Ltd. 11.31% per annum; (b) on the 20th day of the transition month; (c) on the 60th day of repayment period; (d) on the equal repayment of principal and interest on repayment terms; and (e) on January 25, 2013, the Defendant offered the above-string passenger cars as security; and (b) on January 25, 2013, registered a mortgage on the obligor’s Defendant and E, the credit amount of KRW 28,00,000.

Nevertheless, around March 2014, the Defendant transferred the said car to G without notifying the victim of the transfer of the said car to repay KRW 33,000,000,000 from G in front of the H restaurant operated by G, which was located in the F, in order to demand repayment of KRW 33,00,000.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. Investigation report (to hear statements from a witness G phone);

1. Application of a loan statement, a written application to be fluored by the issuer, a written agreement to be fluored by the issuer, a motor vehicle transaction contract, and statutes;

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 [the scope of the recommended sentence] There is no person [the person who has been subject to special sentencing] [the decision of sentence] [the person who has been sentenced to imprisonment for six months or one year] [the person who has been subject to special sentencing] [the defendant] 2 years after the suspended sentence for six months]. However, the defendant committed the instant crime while paying a loan to the victim in good faith for more than two years, and the defendant did not have any record of punishment heavier than the same kind of crime and fine, and there was no record of punishment heavier than the victim, and the victim did not want the punishment.

arrow