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(영문) 전주지방법원 군산지원 2018.12.21 2018고단916
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 December 24, 2013, the Defendant obtained a loan of KRW 25,100,000 from a non-Korean Capital Co., Ltd. for the use of a vehicle from the owner of the passenger vehicle at the Young-gu Seoul Special Metropolitan City Co., Ltd. on December 24, 2013, and agreed to set up a right to collateral security for KRW 25,100,000,000, which is the full amount of the loan on a vehicle owned by the Defendant, on January 8, 2014, the Defendant registered the establishment of a right to collateral security on the vehicle at the above K7 car.

Nevertheless, on March 2018, the Defendant borrowed KRW 10 million from the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to E, offered the said K7 car as security, and concealed that the victim company could not find the location of the said K7 car.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes, such as a complaint filed and an application for installment financing;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person who is subject to special sentencing] [the decision of sentencing] the defendant reflects the defendant's crime, the defendant's age, sexual conduct, motive of the crime, circumstances after the crime, etc.

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