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(영문) 대전지방법원 2018.07.19 2018고단446
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant purchased one automobile price of KRW 30,000,000 from the D used vehicle trading company in Seongbuk-gu Seoul Metropolitan Government, and concluded a loan contract with the victim effective capital Co., Ltd. to have the victim pay the automobile price of KRW 30,00,000, and around June 21, 2013, the Defendant set up a mortgage on the said vehicle as a mortgagee on the said loan as a collateral for the above loan.

Nevertheless, on January 26, 2015, the Defendant loaned KRW 10,000,000 to a person who was under the name of the defendant, through Dong Jae F, and delivered the said car as security.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint (a joint letter of personal credit information system, a copy of passbook, a certificate of motor vehicle transfer, a motor vehicle registration ledger, a loan application form, and a letter of decision on voluntary auction of motor vehicles);

1. Application of the law of the police statement protocol to F;

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that although the location of a vehicle owned by the defendant is not known, there are unfavorable circumstances, such as the failure to recover the location of the vehicle owned by the defendant, and the damage to the victimized company has not been recovered, the defendant misleads and reflects the defendant, there is no penalty heavier than the fine, the partial amount of the loan doctrine is deemed to have been repaid, and the annual interest in the house appears

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order: The reason for the suspended sentence above; and

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