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Reasons
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(영문) 대구지방법원 상주지원 2016.05.31 2016고단85
권리행사방해
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A defendant shall be punished by imprisonment for 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

On January 3, 2014, the Defendant borrowed KRW 79,500,000 from the Victim's Filisung Capital Co., Ltd., and on the same day, the Defendant created a mortgage on B so-called the mortgagee's victim, the debtor, the debtor, and the bond value of KRW 79,50,000 on the same day.

After that, the defendant was unable to repay the above loans to the victim, and the defendant transferred the above mining ground to C, which was around June 2015, in return for the payment of KRW 28 million.

Accordingly, the defendant concealed the above excavation equipment which was the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a complaint, loan application, and motor vehicle registration ledger;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the exercise of rights, such as interference with the exercise of rights (type 1] (the scope of recommended punishment], six months from six months to one year (the basic area);

2. Determination of sentence: (a) the fact that the amount of damage caused by the instant crime was not significant but has not yet been recovered is that the Defendant was disadvantageous to the Defendant; (b) the Defendant’s mistake was recognized and reflected; and (c) the Defendant’s age, family relationship, and circumstances leading to the instant crime, etc., taking into account the following factors: (a) the sentence is determined as ordered.

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