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(영문) 광주지방법원 2015.02.11 2014고단4305
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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, 2013, the Defendant purchased Category C rocketing vehicles in the name of the Defendant at the location of the Hyundai Capital High School in Seo-gu, Seo-gu, Gwangju, and borrowed KRW 25.8 million from the victim Hyundai Capital Co., Ltd., and established a mortgage equivalent to KRW 25.8 million in the said vehicle’s name. By October 1, 2013, the Defendant repaid KRW 3,237,387 to the victim.

Nevertheless, around October 7, 2013, the Defendant received KRW 8 million from D and delivered the said vehicle on the roads near the Seo-gu Pungdong, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, and made it considerably difficult to find the location of the said vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. E's summary of statement;

1. A transcript of the complaint;

1. Application form for a second class of modern capital, details of deposits, and application of Acts and subordinate statutes on the list of claims;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 323 (Options of Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the positive factors that determine the punishment like the order considering the motive, background, means and methods of the crime of this case, the circumstances before and after the crime of this case, and other various circumstances, such as the defendant's age, character and behavior, career, environment, etc., which are shown in the argument of this case: The defendant has no record of being punished for the same crime; and D is the defendant's will not be the bonds company operator: The damage recovery has not been achieved.

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