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(영문) 전주지방법원 군산지원 2016.04.05 2015고단1328
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 20, 2014, the Defendant purchased ETrac vehicles from D agencies located in the Gunsan-si Seoul Special Metropolitan City on November 20, 2014, the Defendant borrowed KRW 23,500,000 on the condition that he would pay 4,53,228,000 to the capital of 60 months in return for each of 60 months from JB Republic of Korea. On the same day, the Defendant created a mortgage on the above vehicle owned by the Defendant, as security, with the claim value of KRW 18,90,000,000,000,000,

Nevertheless, around January 2015, the defendant extended KRW 9.5 million to a mutual infinite loan office in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and provided the above vehicle as security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A complaint;

1. An agreement on installment loans for automobiles;

1. Application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;

1. Relevant Article 323 of the Criminal Act concerning the crime, the choice of imprisonment (which has the history of being sentenced to suspended sentence for a crime);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Suspension of Execution [Scope of Recommendation] No. 1 (Obstruction of Exercise of Rights) basic area (six months to one year) [the person who is subject to special sentencing] [the decision of sentence] imprisonment with prison labor for six months and two years of suspended execution;

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