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(영문) 대구지방법원 상주지원 2017.08.22 2017고단169
권리행사방해
Text

A defendant shall be punished by imprisonment for four 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 April 6, 2013, the Defendant borrowed KRW 16 million from Korea Co., Ltd., Ltd., Ltd., a car installment financing agreement, when purchasing a vehicle with the CM5 high-class car from Mano Samsung-U.S. CM5, which is located in the Gyeong-dong, which is located in the front-dong, and registered a mortgage of KRW 16 million on April 6, 2013 on the said car as the mortgagee.

At the time of the purchase of the said car at the place of the camp located in the Gyeongbuk-do University, the Defendant: (a) received KRW 10 million from the lender, who is a distributor of the interest of the borrower; and (b) made it impossible to identify the location of the vehicle by transferring the said car; and (c) obstructed the victim’s exercise of rights by concealing the Defendant’s goods that became the object of the victim’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A E-document;

1. Investigation report (No. 13 No. Serial of the evidence list);

1. Copy of the agreement on loans to be purchased in second and second terms, deposit status in preparation for repayment, and information on customer contact;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] that has no type 1 (the person subject to special sentencing] (the scope of the recommended punishment], and the basic area of the recommended punishment for not less than 6 months but not more than 1 year;

2. The method of determining a sentence is not good;

Damage is punished for the defendant.

However, there are favorable circumstances, such as the fact that the defendant acknowledged the crime, the leading status of the crime can be seen as D, the fact that the defendant seems to have not much the amount of profit acquired by the case, and that there is no criminal record.

The same points as above and others.

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