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(영문) 대구지방법원 서부지원 2018.08.08 2018고단217
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 became final and conclusive.

Reasons

Punishment of the crime

On December 20, 2013, the Defendant: (a) purchased an EMW car from the KMW car sales office operated by the Defendant and her husband C at the KMW car sales office (D); (b) around December 20, 2013, the Defendant: (c) obtained a loan of KRW 55 million in the name of the injured party to a 60-month amount; (d) registered the said car in the name of the Defendant on December 24, 2013; and (e) created a right to collateral security (the maximum amount of claims KRW 55 million) against the said obligation to the victim as security.

Nevertheless, on August 2015, the Defendant borrowed KRW 15 million from the Seoul Gungwon casino near the Gangseo-gun, which is located in the Gangseo-gun, and concealed the said car as security to ensure that the location of the car cannot be grasped, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements in the complaint book, counseling slip, and the ledger of motor vehicle registration;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the sentencing factor unfavorable to the defendant, in light of the background and method of the crime in this case, the nature of the crime in question is not weak, the amount of damage is considerable, and the location of the above vehicle has not been identified until now, and the damage has not been recovered therefrom.

On the other hand, it is the sentencing factors favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant is divided, the payment of the 19 minutes of installments, the fact that the defendant was the first offender who has no previous conviction, and the fact that the defendant is pregnant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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