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(영문) 대구지방법원 2020.04.08 2019고단5002
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 September 5, 2017, the Defendant borrowed KRW 29 million in the way of equal installment repayment of principal and interest in the amount of KRW 766,710,000 per month from the 766,710 per month from the 70-year interest settlement agreement D through the Internet in Daegu Northern-gu, Daegu-gu, 2017, and created a mortgage on the vehicle owned by the Defendant to set the mortgagee as KRW 29,000,000 for the

Nevertheless, on February 3, 2018, the Defendant entered into a contract with F to sell the said car at KRW 20 million in the vicinity of the Si/U.S., and subsequently concealed the said car at KRW 5 million on the same day and KRW 10 million on February 14, 2018 and transferred the said car to F, thereby hindering the exercise of the mortgage by the victimized company.

Accordingly, the defendant concealed the defendant's car which is the object of the right of the damaged company and obstructed the exercise of the right of the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a credit transaction agreement, the register of automobiles, the comprehensive credit information inquiry, the automobile delivery impossible protocol, the details of transactions, and output of the contract photograph;

1. Application of Acts and subordinate statutes to police investigation reports (such as the monetary and personal information of witnesses);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no person [the scope of recommending and recommending a person] interference with another’s exercise of rights [the scope of recommending the recommended field and recommending a person]; 6 months to one year [the person who is a general person] of imprisonment [the grounds for suspension of execution] - There is no criminal conviction above the suspension of execution - there is no general pride: no effort to recover damage.

3. Determination of sentence: Imprisonment with prison labor for not less than 25 million won, considering the fact that the scale of damage for the year of suspension of the execution of not less than 25 million won is not making particular efforts to change the name in the name of the party, the liability for the crime shall be mitigated, and a sentence of imprisonment with prison labor for not less than the previous one shall be applied.

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