logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.06.21 2018고단1114
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 13, 2017, when purchasing B QM3 automobiles, the Defendant borrowed KRW 19850,000 from the victim C Co., Ltd. on and on June 20, 2017, and ordered the victim Co., Ltd to set up a collateral security right of KRW 10,000,000 with respect to the said car, but failed to pay the loan installment once to the victim Co., Ltd., and was urged by the victim Co., Ltd. to pay the loan payment from the victim, the Defendant obstructed the victim Co., Ltd. from exercising the right by concealing the said car, which became the object of the victim’s company’s right, in order to prevent the victim Co., Ltd. from exercising the right to collateral security right on the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a copy of the agreement on installment financing of automobiles, a copy of the current status of deposits in preparation for redemption, a copy, abstract, and a copy of the original register of automobile registration;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] [the person who has been specially mitigated] [the person who has been unable to exercise his/her right] [the person who has been sentenced]] who has intentionally concealed it on the sole ground of his/her own necessity while holding a security [the decision of sentence], and the liability for the crime is not less strict, but it is not less likely that the crime was committed. However, the confession of the crime was contrary to the agreement with the victim, and there was no criminal record other than once due to driving under drinking alcohol, and the execution of the sentence is suspended.

arrow