(영문) 대전지방법원 2021.01.29 2020고단3601

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2021.01.29 2020고단3601

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 14, 2012, the Defendant obtained a loan of KRW 65 million from the victim B (hereinafter “C”) at the agreed interest rate of 13.9% per annum, and 36 months in installment period, and the Defendant provided the victim with the E Treatment 15.5 tons truck, which the Defendant entered into D Co., Ltd., as security, and registered a mortgage creation on the said truck with the Defendant’s mother F, the debtor’s mother F, and the bond amount of KRW 65 million, and then transferred the ownership of the said truck under the name of the Defendant around August 19, 2014.

After that, on September 2014, the Defendant borrowed KRW 7 million from the bond company, whose name cannot be known at the sub-speak-gu, Daejeon, Daejeon, and made it difficult for the victim to find the location of the above truck by transferring the above truck to the security.

Accordingly, the defendant concealed the truck owned by the defendant, which is the object of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to provide witness G telephone conversations and not to submit suspect data);

1. Application of Acts and subordinate statutes to a complaint, general letter of loan, motor vehicle registration ledger, bond collection decision, determination of seizure of bonds, determination of property specification, payment order, peremptory notice, and all matters to be registered;

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 Criminal Act on the suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62(2) of the Act on the Punishment, etc. of Specific Crimes is deemed to be disadvantageous to the defendant, such as bad, and the content of the crime, but is not disadvantageous to the

참조조문

-형법 제62조 제1항

-형법 제323조

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