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(영문) 전주지방법원 남원지원 2018.08.07 2018고단111
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 8, 2011, when the Defendant obtained a loan of KRW 33.5 million from the Victim Hyundai Social Co., Ltd., the Defendant agreed to make a change of KRW 1,736,265 for 24 months, and set up a collateral security on C dump trucks owned by the Defendant, which are owned by the Defendant, with the value of the claim of KRW 33.5 million.

Nevertheless, the Defendant borrowed from D, which became aware of at the construction site of December 2011.

In February 2012, 400,000 won was impossible to repay, D's d'pump truck was transferred to D in the vicinity of the rapid bus terminal located in the Southern-si, Chungcheongnam-si.

Accordingly, the defendant concealed the motor vehicle owned by the defendant, which was the object of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Complaint;

1. Examination marks, applications for modern social goods, etc.;

1. Application of Acts and subordinate statutes to the registration ledger of construction machinery and the registration ledger of construction machinery;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

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

1. Scope of punishment by law: Not more than five years of imprisonment;

2. From six months to one year of imprisonment with prison labor for a basic area (the scope of a recommended sentence) that has no type 1 (Interference with the exercise of rights) (decision on the area of recommendation) (decision on the area of recommendation), which does not obstruct the exercise of rights by applying the sentencing guidelines (decision on the type of decision).

3. The fact that the victim was not fully recovered from the crime of this case due to the decision of sentence is disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, and there is no criminal record other than a fine, the fact that there is no criminal record due to the same kind of crime is considered in the favorable circumstances to the defendant, and the punishment as the order shall be determined in consideration of all the other factors of sentencing specified in the arguments in

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