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(영문) 서울서부지방법원 2017.07.07 2017고단880
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 24, 2013, the Defendant: (a) at the branch of Gangnam-gu Seoul Metropolitan Government (formerly changed: Korea Social Co., Ltd.); (b) from the victim company, borrowed 35 million won from the victim company as the purchase price for Bran-do automobiles; and (c) on July 26, 2013, the Defendant created a mortgage on the said loan amounting to KRW 10 million with the claim price for the said car as security, and KRW 10 million with the mortgagee and KRW 10 million with the social Co., Ltd.

Nevertheless, on August 2015, the defendant borrowed five million won from a bonds company with no name-free loan on the name of the defendant and provided the car as security so that the location of the car can not be known.

Accordingly, the defendant concealed the car owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of mortgage by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of additional agreements, the motor vehicle registration ledger, and credit management records under Acts and subordinate statutes;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommended punishment] There is no basic area (six months to one year) [the person who is subject to special sentencing] [the person who is subject to special sentencing] [the decision of sentence] confession, reflectivity, degree of damage, effort to make changes, criminal records, etc.

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