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(영문) 대구지방법원 2014.04.23 2013고정2847
권리행사방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around October 2011, when the Defendant borrowed KRW 43,80,000 from the victim C to fail to repay the above obligation, the Defendant agreed to transfer the ownership of the E-wing and Class III truck owned by the Defendant in the name of D, in which the Defendant operated, to the victim. As the Defendant was unable to repay his/her obligation, the victim was transferred the said truck from the Defendant on or around August 2012, and the victim was to use the said truck in the form of transfer for transfer until the Defendant repaid his/her obligation.

On April 4, 2013, the Defendant: (a) around 18:00, at the 105 F apartment 105 parking lot in Daegu Northern-gu, Daegu-gu, Seoul-gu; (b) as above, the Defendant: (c) obstructed the victim’s exercise of rights by walking the truck owned by the Defendant, which became the object of the victim’s right by acquiring the security right, using the key of the vehicle in which the victim was ordinarily holding;

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement of the police statement regarding C;

1. A report on thief on a vehicle, a report on vehicle theft, a report on internal history, detailed data on a stolen and stolen vehicle, and a criminal investigation report (Attachment to a vehicle photograph);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act is contrary to recognizing the defendant's mistake, taking into account the fact that an agreement has been made with

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