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(영문) 대구지방법원 김천지원 2018.09.20 2018고정193
권리행사방해
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 12, 2012, the Defendant was sentenced to imprisonment for one year and three months for violation of the Punishment of Violences, etc. Act in the Daegu District Court Kimcheon support on April 12, 2012, and the judgment became final and conclusive on October 10, 2012.

On August 10, 2011, when the Defendant was granted a loan of five million won from a non-performing credit service provider in the name of the Si of the Gu and around September 20, 201, on September 20, 2010, the Defendant transferred the amount of nived car owned by the Defendant with a mortgage of KRW 17,500,000,000,000,000,000,000.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of the victim's modern capital right, and obstructed the exercise of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A contract for acquisition by transfer, notice of transfer of bonds, certificate of the highest contents of exercise of rights, application for installment loans, register of automobile registration, statement of claim for the loan of light management which has been filed;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (report on confirmation of a separate trial), the sentence of the High Court Decision 2012 Godan622, the Daegu District Court Decision 2012No. 1274, the Daegu District Court Decision 2012No. 1274;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (a favorable consideration, such as the fact that the complainant has submitted a letter of withdrawal after the closure of pleadings, and the fact that the crime of this case is a concurrent crime with the crime of previous conviction in which a judgment has become final and conclusive and the crime of this case must be taken into account when a judgment has been received at the same time in relation to the crime

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