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(영문) 광주지방법원 2017.09.14 2017고단503
권리행사방해
Text

A defendant shall be punished by imprisonment for a period of five months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 26, 2013, the defendant was sentenced to a suspended sentence of two years for six months at the Gwangju District Court for fraud, etc.

7.4. The above judgment became final and conclusive.

On June 8, 2010, the Defendant purchased DST7 car at the Hano Samsung Motor Vehicle Gwangju-ro 32, Nam-gu, Nam-gu, Gwangju, and concluded a financial contract with the Plaintiff to pay for 471,127 won per month for 72 months, and set up a mortgage on the said car to the victim company, the debtor, the debtor, and the amount of the credit amount of 26,50,000 won.

In February 2012, the defendant borrowed 6,30,000 won from his name-free bond company around Seo-gu, Seo-gu, Gwangju, and transferred the vehicle for the purpose of collateral without the consent of the mortgagee, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The installment financing and loan agreement to be made;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act is divided into several parts, has been agreed with the victimized company, and equity with the sentence that would have been sentenced if the judgment had

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