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(영문) 부산지방법원 2017.02.15 2016고단5971
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2015, the Defendant purchased the 'D' 'D' used vehicle store located in Busan Metropolitan Government B', and set up a collateral security right of KRW 24,700,000 in the name of the victim company on the first month for 36 months, under the condition that the Defendant would pay KRW 762,936 in the first month, and KRW 916,680 in the name of the victim company on the same day.

However, on April 2016, the Defendant received 4,000,000 won from a person who was under his name and sold the said car without paying the full amount of the loan.

Accordingly, the defendant concealed the above car which is the object of the victim company's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (in depth of the crime, and considering the fact that the victim was not punished by the defendant in agreement with the victim) of the suspended sentence [the scope of recommended punishment] [the scope of punishment] in the area of mitigation (one month to eight months) [the person who has been specially mitigated] in the area of mitigation (including efforts made to recover damage] in the area of mitigation (one month to eight months), the area of punishment not (including the case of special mitigation] [the decision of sentence] 6 months in imprisonment, and two years in suspended sentence;

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