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(영문) 광주지방법원 순천지원 2016.07.13 2016고단275
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant agreed to make installment payments for 36 months at the annual interest rate of 14.9% with respect to the Victim Capital Co., Ltd. and the Defendant borrowed KRW 86,400,000 from the injured party, and purchased at the loan around December 2, 2013, to secure the loan, and subsequently, on December 3, 2013, the Defendant created a collateral security interest with respect to the above sofacsing season at KRW 60,480,000 with respect to the claim amount as KRW 60,480,000 with respect to the secured loan.

Nevertheless, on March 4, 2014, the Defendant sold the above digging machine to the Buddhist victim on 9.5 million won and made it impossible to identify his location.

Accordingly, the defendant concealed the above excavation equipment owned by the defendant, which was the object of the victim's mortgage, and obstructed the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint filed by C and a written statement;

1. A loan statement, an application for debate, and an agreement;

1. Application of Acts and subordinate statutes of the Construction Machinery Register;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Type Decision] The punishment as ordered shall be determined by taking into consideration the following favorable circumstances: (a) the basic field of sentencing [Determination of the recommended sentence] [the scope of punishment] six months to one year [the decision of the recommended sentence]; (b) the amount of damage is relatively large; (c) the amount of damage is unfavorable circumstances or the defendant made confession and reflects; (d) the amount of half of the victim company's loans is repaid; and (e) the amount of the victim company's loans has no record of the suspension of execution or more; and (e) the defendant's age, sexual behavior, and circumstances after the crime, etc.

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