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(영문) 청주지방법원 제천지원 2015.09.17 2015고단355
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2013, the Defendant purchased CCopiC car and received a loan of KRW 2,580,000 from the victim Han Capital Co., Ltd., and established a mortgage on the cause of KRW 12,90,000 of the claim value in the name of the victimized company in the said car.

Nevertheless, around September 2013, the Defendant borrowed KRW 8 million from a private loan company at a non-permanent location in the city of 2013, and provided it as collateral to the above loan company, and transferred possession of the said vehicle, which is the object of the mortgage of the victim company, to the extent that it is difficult to find the location of the said vehicle.

Accordingly, the defendant concealed his own property which was the object of the mortgage of the victimized company, thereby hindering the exercise of the rights of the victimized company.

Summary of Evidence

1. The defendant's legal statement 1.D 1. Investigation Report (in relation to E telephone conversations), 1. Investigation Report (in addition to investigation documents including the statement protocol), copy of the statement statement; 1. Automobile installment financing agreement, the register of automobiles, the inquiry of the balance of bonds, the deposit status in comparison with the Kenya, and the application of the highest law governing the exercise of mortgage.

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to five years; and

2. The Defendant, who was sentenced to the sentence, sold a vehicle that was the object of the mortgage of the victimized company and was in a difficult condition to find its location, causing considerable damage to the victimized company until now, is disadvantageous to the Defendant that the damage was not recovered. The Defendant led to the confession of the instant crime, and the Defendant is against himself, and the fact that there was no criminal conviction above the suspended sentence is favorable to

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case are reviewed as a whole.

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