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(영문) 대전지방법원 논산지원 2017.05.19 2017고단127
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around January 9, 2016, the Defendant received a loan of 44.9 million won from the victim HK Savings Bank on the condition that the principal and interest shall be paid in installments for 48 months from the victim HK Savings Bank at the Sharing Office of Incheon, Dong-gu, Incheon, 191 Incheon, which is the 2nd class of the school purchase complex, and the Defendant provided a mortgage of 44.9 million won in the value of the claim of the victim in the above vehicle. However, on January 13, 2016, the Defendant borrowed 15 million won from C to the B, and delivered the above vehicle as security without the victim’s consent.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. AUTO-LON application agreement;

1. An abstract of the motor vehicle registration ledger (A), a certified copy of the motor vehicle registration ledger (B);

1. Response to a request for financial transaction information;

1. A report on investigation (the 2th page, No. 46, 47 of telephone investigation and investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (the telephone investigation, D, No. 11 to 13 pages of title 1 of the investigation records);

1. The reason for sentencing under Article 323 of the Criminal Act and Article 323 of the Selection of Punishment Act [the scope of recommended punishment] The basic area (6 months to 1 year) [the person who is subject to special sentencing] does not have any favorable circumstances such as the defendant's wrongness, etc. (the decision of sentence] although the defendant purchased the vehicle by obtaining a loan from the person who inflicted damage on the vehicle as security and offered it as security to another person within 40 days after purchasing the vehicle, the amount of damage is equal to 40 million won by paying five minutes out of the amount of the loan, and the amount of the loan has not been recovered until now, and the vehicle has not been recovered until now, and the defendant's age, sex, environment, criminal records, criminal records, circumstances before and after the crime, etc. shall be determined as ordered by the Disposition.

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