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(영문) 대구지방법원 2016.06.29 2016고단1136
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 June 27, 2014, the Defendant purchased B rocketing car at the trading company of the mutually influent used cars located in Daegu-gu around June 27, 2014, offered the said car as security and borrowed KRW 19,000,000 for the vehicle price to the victim Muats Capital Co., Ltd. (hereinafter “victim Co., Ltd.”). On June 27, 2014, the Defendant set up a mortgage on the said car on the said car on June 27, 2014.

However, on October 2014, the Defendant: (a) transferred the said car to C, the partner of the Defendant’s entertainment room, in the vicinity of the Daegu Middle-gu Medical Center located in Seo-gu, Seo-gu, Daegu; (b) thereby, concealed the things that became the object of the mortgage of the Defendant’s company, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to an application for heavy loan and a certificate of acceptance of vehicles;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (six months to one year) [the person who has been subject to special sentencing] [decision of sentence] the defendant is divided by mistake, the defendant has no record of criminal punishment before he/she has committed the instant crime, and the repayment of KRW 1,362,120 out of the loan is made, etc., taking into account the circumstances favorable to the defendant, and the defendant's age, sexual behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc. are considered as favorable to the defendant, and a sentence identical to the order shall be imposed.

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