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(영문) 대구지방법원 2017.02.09 2016고단4717
권리행사방해
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That 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 December 13, 2013, the Defendant: (a) purchased a frighting passenger car at a frighting place; (b) obtained a loan of KRW 11 million from the Defendant Hyundai Capital Capital Co., Ltd.; and (c) on December 19, 2013, granted a right to collateral security on the said frighting passenger car to the victim’s future as a security for the said frighting passenger car; (c) granted a loan of KRW 3 million from the non-registered bond company on the ground that it is necessary to pay a fright around November 2014, and transferred the said car as a collateral.

As above, the Defendant concealed the Defendant’s passenger car which became the object of the victim’s right and obstructed the victim’s exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Receipt and notification of an application for registration of the transfer of assets, etc. of modern capital and a certificate of seal imprint, each content certificate, the register of automobile registration, the register of assets transfer, etc., the receipt and processing of an application, a certificate of seal imprint and a certified copy of an employee seal imprint registry,

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

1. The observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act - The more favorable circumstances: reflectivity, the same kind of situation, and no more adverse circumstances: No damage shall be recovered; the defendant's age, sex, state of health, family environment, motive, means, consequence, and circumstances after the crime, etc. shall be considered.

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