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(영문) 창원지방법원 2017.09.07 2017고단2116
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 30, 2013, the Defendant entered into an agreement on installment financing and loan with the Defendant to pay KRW 508,720 each month on July 25, 2018 for KRW 26,00,000 of the purchase price of the said vehicle with the Defendant’s social service Korea Co., Ltd. and the Defendant to pay KRW 508,720 each month until July 25, 2018 when the Defendant purchased the FST5 vehicle at the Rono Samsung F&5’s completion point in Gwangju Mine-gu, Seoul, and set up a collateral security agreement with the Defendant on August 1, 2013 for establishing a mortgage covering the secured obligation of KRW 13,00,000 for the said vehicle as agreed on by the Defendant.

Nevertheless, at that time, the Defendant agreed to obtain a loan from G as security, and transferred the said car to G.

Accordingly, the defendant concealed his own property, which was the object of the right of the victimized company, and interfered with the rights of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. A certified copy of the motor vehicle registration ledger;

1. The installment financing and loan agreement to be made;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (public inspection of investigative documents);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The circumstances that are favorable to the establishment amount of the right to collateral security established by the victim up to 13 million won: The recognition of and reflects on the crime; the victim Alcia's social service Korea corporation does not want to punish the defendant; the victim Alcia violated the Punishment of Violences, etc. Act on March 1999, there is no record of criminal punishment except for the punishment of a fine of KRW 500,000,000 due to the violation of the Punishment of Violences, etc. Act on the Punishment of Violences, etc. on March 199; and the punishment as set forth in the order shall be determined by taking into account the motive and background of

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