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(영문) 창원지방법원 통영지원 2020.04.29 2020고단165
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2017, the Defendant borrowed KRW 19,50,00 from the victim C Co., Ltd. in purchasing D's franchise and 19,500,000,000 from C Co., Ltd., in order to secure the obligation of the above loan, the Defendant entered into an agreement on the condition of equal installment repayment of principal and interest to pay KRW 728,670 each month between 36 months and set up a mortgage on the instant vehicle with the secured claim amounting to KRW 9,70,00 for the instant vehicle.

On June 2018, the Defendant transferred the said vehicle to a staff member of the mutually infinite lending company at the coffee shop where it is impossible to know the trade name in Jinnam-si, and received 5 million won in return, and prevented the victim from finding the instant vehicle.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Applications and agreements on middle and long-term debates referred to in subparagraph 1, the register of vehicles referred to in subparagraph 4 of the card, receipt and receipt of evidence No. 6, and application of Acts and subordinate statutes on the place of origin;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Sentence: Imprisonment with prison labor for 6 months and suspended execution for 2 years (80 hours for social service) is a kind of act that clearly causes damage to the victim for his/her own interest, and the act constitutes an act of supplying the so-called "large-sized vehicle" and its nature is very poor.

Defendant has been sentenced to a suspended sentence of imprisonment due to criminal fraud.

provided, however, that the defendant.

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