(영문) 대구지방법원 2018.10.11 2017고단6136

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자간(%)

(영문) 대구지방법원 2018.10.11 2017고단6136

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On July 12, 2016, the Defendant purchased Cub vehicles from the D High Vehicle Sales Commercial Building in Seogu, Daegu, and borrowed 30 million won (the remaining principal amount of KRW 28,711,152 at present) from the victim CK Savings Bank in the victim Co., Ltd., and set up a mortgage on the said vehicle in the name of the damaged company in the collateral amount of KRW 30 million.

However, on December 2016, the Defendant borrowed five million won from the Buddhist land of Incheon or lower in order to provide the above vehicle as security to a person who has no name, and distributed it as a so-called large vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A statement prepared by the F;

1. Application of a loan application agreement, a motor vehicle registration ledger, a mandatory insurance inquiry, and an inquiry into information on non-insurance operation statutes;

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

1. Article 62(1) of the Act on the Suspension of Execution provides a vehicle, which is the object of the mortgage of the company causing damage to the reason for sentencing, to another place, and interferes with the realization of the rights of the damaged company by providing it as a security, and the vehicle is not so-called large-type large-type vehicle that does not grasp its location.

On the other hand, it is decided as per Disposition by taking into account the following factors: (a) the Defendant’s recognition of the instant crime and reflects the Defendant; (b) the Defendant planned the instant crime and purchased the instant vehicle from the beginning; and (c) the Defendant’s full agreement with the victim on the part of the victim; and (d) the Defendant’s age, sex, environment, circumstances leading to the instant crime; and

참조조문

-형법 제62조 제1항

-형법 제323조

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