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(영문) 대전지방법원 서산지원 2015.12.23 2015고단304
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 October 18, 2010, the Defendant purchased FSM5 car E agency located in Manosung Motor Vehicle E agency located in Majin-si, and agreed to obtain a loan of 24 million won from the Korea Social Services Korea Co., Ltd., Ltd., the victim Almasia to repay KRW 381,753 every 48 times and set up a mortgage on the said car in the name of the victim company.

Nevertheless, on March 2013, the Defendant borrowed 4,50,000 won from the person who was not the party who was the party who was not the party who was the party who was the party who was in charge of the mortgage, and delivered the vehicle as security without the transfer of the name and could not know the location of the said vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The suspension of execution reflects the error in sentencing under Article 62(1) of the Criminal Act, the fact that there is no previous conviction in the same kind, the fact that the victim deposited KRW 21 million for the victim, and other conditions of sentencing as shown in the records and arguments of this case shall be determined by taking into account all the factors of sentencing.

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