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(영문) 대구지방법원 포항지원 2017.07.20 2017고단409
권리행사방해
Text

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

[Criminal record] On June 18, 2015, the Defendant was sentenced to a suspended sentence of ten months of imprisonment due to fraud, etc. at the port branch of the Daegu District Court on October 1015, and the judgment became final and conclusive on June 26, 2015.

[2] On April 22, 2013, the Defendant: (a) purchased DNA SM5 car from “C” located in Nam-gu B at the port of port; (b) provided the said vehicle as security to the victim; and (c) agreed to receive loans of KRW 13 million to repay KRW 493,119 each month to KRW 36 months; and (d) on April 23, 2013, the victim set up a mortgage of KRW 6,500,000 for the bond value on the said vehicle.

After that, on November 27, 2013, the Defendant borrowed KRW 3 million to E, a bond business operator, and provided the above vehicle as security and delivered it to the victim so that the victim may not discover the vehicle, thereby hindering the exercise of the mortgage by the victim.

Accordingly, the defendant concealed the DSS5 car owned by the defendant, which is the object of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A loan application form and a ledger of automobile registration;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (verification of latter concurrent judgment of the suspect), 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is divided into his/her mistake, the defendant has no record of punishment for the same kind of crime, the amount of damage, the defendant's age, environment, sexual conduct, motive for the crime, circumstances after the crime, etc., shall be determined as ordered in full view of all the various circumstances that are the conditions for sentencing specified in the arguments of this case, including the defendant's age

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