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(영문) 대구지방법원 서부지원 2019.10.01 2018고단2276
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 30, 2014, the Defendant borrowed KRW 20 million from the victim C Co., Ltd. office located in Busan District, and entered into a contract for installment loan with approximately KRW 330,000 in installments on the first day of each month on the condition that 36 months be repaid on the first day of each month, and the Defendant created a mortgage in the name of the victim E on July 1, 2014 and August 1, 2014, respectively.

However, around November 2015, the Defendant sold the two fork fork fork fork for a person whose name is unknown at a place where the location is unknown, and the Defendant was unable to find two fork fork fork fork for a person whose name is unknown, thereby hindering the Defendant’s exercise of rights by concealing the two fork fork fork fork fork for a person who was the object of the victim’s rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to inquire about the details of request/collection, such as a letter of demand for delivery of secured vehicles, a construction machinery register, etc.;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not good, etc., and is disadvantageous.

However, there is no record of punishment exceeding fines, and there is no record of punishment exceeding fines, among the fact that the defendant led to the crime of this case, made a confession of the crime of this case and misunderstanding is divided, the principal and interest of the monthly payment was paid up to 26 times in total 36 times in the 36th payment session, and the punishment as ordered shall be determined in consideration of all kinds of sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, means and result,

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