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(영문) 창원지방법원 2018.04.03 2017고단4005
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 10, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Changwon District Court on the ground of the crime of breach of trust, and the judgment became final and conclusive on September 18, 2015.

[2] On December 7, 2012, the Defendant borrowed KRW 27,000,000 from the Defendant’s Hyundai Capital Co., Ltd. to purchase E-be cruise car at the office located on the first floor of the building in Busan Metropolitan City, Busan Metropolitan City. On December 7, 2012, the Defendant established a right to collateral security of KRW 27,00,000 for the victim’s Hyundai Capital, Claim Value of the said vehicle on December 12, 2012.

However, on October 25, 2013, the Defendant was in F in Busan Dong-gu, Busan around 2013.

G Office's KRW 100,000 as stated in the bill of indictment for borrowed 10,000 won to non-specified bond holders shall be corrected as it is obvious clerical error in the amount of KRW 10,000.

The vehicle was handed over to B as the substitute repayment group.

Accordingly, the defendant concealed the above vehicle that is the object of another person's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Complaints, notices of transfer of bonds and acceptance of entrustment, copies of contracts, certificates of contents, and the register of motor vehicle registration;

1. Previous convictions: Application of inquiry statements, such as criminal history, and application of Acts and subordinate statutes concerning investigation reports;

1. Article 323 of the Criminal Act applicable to the crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the defendant's wrong recognition of his fault, the defendant appears to have caused the crime of this case to the fund shortage in operating automobile parts, the injured party's punishment is not wanting to be punished against the defendant. The crime of this case must take into account equity with the case where the judgment is rendered simultaneously with the previous conviction in the judgment, and other facts, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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