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(영문) 대구지방법원 포항지원 2016.08.25 2016고단832
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2015. 11. 20. 인천시 서구 봉수대로 158 에프 (F) 105호에 있는 주식회사 뉴런 네트웍스에서 피고인 명의로 B K5 승용차를 구입하면서 자동차 구매대금을 마련하기 위하여 피해자 주식회사 에이치케이저축은행으로부터 1,500만 원을 대출 받고, 같은 달 23. 경 담보로 위 승용차에 피해자를 저당권 자로 한 채권 가액 1,500만 원인 근저당권을 등록하였다.

On December 2, 2015, the Defendant: (a) received KRW 2 million from a person who was unable to know the name of the passenger, which is the subject of the victim’s right, in the vicinity of the D Hospital located in North Korea-gu, at the end of the port of call; and (b) prevented the victim from finding a passenger car; and (c) concealed one’s goods that became the subject of another’s right and interfere

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the written complaint and attached documents thereof, and a copy of the original register of motor vehicle registration;

1. Application of Acts and subordinate statutes to investigation reports (referring to submission of delegations and statement records related to the change of complainants);

1. Article 323 of the Criminal Act concerning the crime;

1. The reason for imposing a sentence of alternative punishment [the scope of recommendation] The basic area (one year from 6 months to 1 year) of the exercise of the right [the person who has any special sentencing] [the sentence] [the person who has been sentenced] of the defendant's commission of a crime, there are circumstances that may be taken into account such as the fact that the defendant's commission of a crime was contrary to the wrong judgment, and that there was no criminal punishment record. However, the damage amount in this case is a larger amount than 15 million won, which is not agreed or the damage was not repaid, it is difficult to expect the damage from the vehicle that the defendant disposed of, in light of the defendant's economic ability or situation, it is difficult to expect the damage from the vehicle that the defendant disposed of, and it is difficult to know the location of the vehicle. Although there is no criminal record, it is necessary to punish the defendant in light of the fact that the juvenile protective disposition, etc

Specifically, penalties.

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