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(영문) 인천지방법원 2018.11.16 2018고단7151
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2014, the Defendant: (a) purchased D Co., Ltd. in Hyundai Motor Co., Ltd in Chuncheon around November 29, 2014; (b) borrowed KRW 23 million (the loan balance of KRW 16,674,688) from the victim Hyundai Capital Co., Ltd. (the transferee of the claim: Korea Light Management Loan Co., Ltd.); and (c) set up a mortgage over the said vehicle in the name of the damaged company at around January 23, 2015.

However, on January 2017, the Defendant borrowed KRW 7 million from a person who was unaware of his name in the Gangseo-gu Seoul Metropolitan Government, which is located in the Gangseo-gu Seoul Metropolitan Government, and provided the said vehicle as security, 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. E statements;

1. A complaint concerning a loan of light management for a stock company;

1. Document of acceptance of assets, notice of transfer of claims, and proof of contents thereof;

1. (A), the motor vehicle registration ledger (D), and the statement of credit-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the recommended punishment] - Types 1 (Interference with Exercise of Rights) (person with Special Sentencing) - The elements of mitigation: the source of punishment (including serious efforts to recover damage) / [the scope of the recommended punishment] the area of mitigation / [the scope of the recommended punishment] 1 month to 8 months [the person with general sentencing] - The factors of mitigation : very reflective and no record of criminal punishment;

2. Whether or not to suspend the execution (main reasons) - positive: Non-conformity of punishment (including serious efforts to recover damage), and no record of criminal punishment (general reasons for consideration) - positive: There is no serious reflectivity, or there is no criminal record of a stay of execution or more.

3. The defendant's crime of sentence shall be financed with a loan to purchase the vehicle;

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