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(영문) 전주지방법원 2016.06.10 2016고단492
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 24, 2008, the Defendant purchased C car-free cars at a Buddhist area below the preceding week, and took loans of KRW 2,850,000 from the Victim Treatment Capital Co., Ltd. ( currently named “Aju Capital Co., Ltd.”), with the loans of KRW 2,850,000 from the victim treatment Capital Co., Ltd.

8. 11. A mortgage was created on the said car with the value of the claim as the mortgagee and the value of the claim as KRW 28.5 million.

Nevertheless, on September 2009, the Defendant borrowed KRW 7 million from the bonds company in the sub-hodong (Shodong) in the sub-hodong (Shodong) around the preceding week and provided the above car as security to the non-party.

As above, the Defendant concealed the said car with the victim’s mortgage, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. An automobile loan agreement;

1. Application of Acts and subordinate statutes to copies of the Motor Vehicle Registration Register;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The basic area (referring to six months to one year) of the sentencing criteria shall interfere with the exercise of rights;

2. There is a fact that damage has not been recovered due to unfavorable circumstances to a sentence of sentence.

The favorable circumstances include the fact that the defendant recognized his mistake and that the defendant has no record of criminal punishment, as well as the defendant has been sentenced to a fine on one occasion due to a crime of immigration offense.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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