logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.11.29 2016고단1257
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 10, 2011, the Defendant: (a) purchased the NAS vehicle in Franchis KRW 30 million from the Victim Capital Co., Ltd.; (b) entered into an installment financing agreement to loan KRW 30 million from the Victim Capital Co., Ltd.; and (c) to repay the principal and interest equally on the 21st day of each month during the 48-month period; and (d) on August 11, 201, the Defendant registered the victim company as the mortgagee at the bond price with the amount of KRW 30 million as to the said NAS car.

Nevertheless, on December 201, 201, the Defendant borrowed KRW 10 million from a person whose name cannot be known at the place of the horse, and delivered the above NAS vehicle as security, and provided documents necessary for the registration of ownership transfer of the said NAS vehicle, so that the victim company could not grasp the location of the said vehicle.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the mortgage of the victim company, and obstructed the exercise of rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint, an installment financing agreement, a certified copy and an abridged copy of the register of automobiles;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Obstruction of Exercise of Rights (Obstruction of Rights) No person who does not have a basic area (6 to 1 year) [decision of a sentence] / [decision of a special person] / [decision of a sentence] circumstances to be considered in the course of committing a crime, there are no criminal records, elderly defendant, elderly defendant's health status, and all other circumstances shown in the records and arguments of this case, such as

arrow