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(영문) 춘천지방법원 강릉지원 2017.02.08 2016고단1369
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant obtained a loan of KRW 36,60,000 from Athi Capital Co., Ltd. from the injured party in order to purchase the B high-priced vehicles in the name of the Defendant, and registered a mortgage of KRW 18,30,000 as the mortgagee on the said vehicle as security on July 11, 2014.

Nevertheless, on November 2015, the Defendant borrowed KRW 9 million from D from the budget group C to the Seocho-gun on November 2015, and provided the above vehicle as collateral for the victim's rights, and the victim could not find the said vehicle.

As above, the Defendant concealed his own property, which became the object of the victim’s rights, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaint;

1. A written application to be discussed, a sub-written agreement to be discussed, the details of receipt of principal and interest of disposable discrimination, the details of contact with the defendant, a written order to deliver the motor vehicle, a written order to deliver the motor vehicle, a protocol not delivered by the motor vehicle, a ledger of motor vehicle registration,

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of the custodian of a vehicle against the defendant, the investigation of the custodian of the vehicle, and the confirmation of the location

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of recommended punishment) is to be determined within the scope of the sentencing guidelines, taking into account the following: (a) the basic area (the period of six months to one year) (the period of imprisonment) (the period of six months), reflectness of the sentence; (b) there is no criminal record of not less than suspension of qualification; (c) Defendant’s family environment and support relationship; (d) the background of the instant crime; and (e) the fact that damage has not been recovered

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