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(영문) 의정부지방법원 고양지원 2016.04.14 2015고단3112
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On June 5, 2012, B created a mortgage on the secured debt amount of KRW 75 million on the Bank of Korea EF Savings Co., Ltd. on June 5, 2012 when purchasing C bus vehicles.

On May 23, 2014, the Defendant succeeded to the said installment contract on June 9, 2014 when acquiring a stock company B.

After August 2014, the Defendant scrapped the said vehicle through a person who arranges the scrapping of a fire in a closed land.

Accordingly, the defendant damaged his own car which was the object of the victim's mortgage and interfered with the exercise of mortgage.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation report (in connection with the scrapping ofC);

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no basic area (6 months to one year) [the person who is subject to special sentencing] [the sentence] unfavorable circumstances: The defendant is a substantial amount of the defendant's obligation to avoid the mortgage set up on the bus scrapped.

The favorable circumstances: the defendant is against the defendant, and there is no record of the same kind of crime.

There is no previous offense exceeding a fine.

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