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(영문) 의정부지방법원 2015.04.21 2014고단1947
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 June 28, 2012, the Defendant purchased an EMW 740Li car at the Gangnam-gu Seoul Northern District Office No. 374-1, Gangnam-gu, Seoul, and extended a loan of KRW 70 million to the victim IMW 740LI Co., Ltd. with a affiliated relationship with the automobile office on the same day, and established a collateral security. The Defendant established a collateral security on the same day.

8. On 29.29. FMW 740Li car loans to the victim company with a loan of KRW 68.9 million, and the victim company established a right to collateral security. Thus, there was a duty not to unfairly reduce the victim's collateral value until all of the above loans are repaid.

On November 2012, the Defendant, in violation of the foregoing duties, offered the BMW 740Li car to the sub-defluent bond company at the mutual infinite shop located in Seongbuk-gu Seoul Metropolitan Government, as collateral, and around December 2012, the Defendant offered the BMW 740Li car to the sub-definent bond company at the mutual infinite shop located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu.

As a result, the Defendant acquired property benefits equivalent to the total amount of 104,261,558 won for the above vehicles, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Each register of automobiles;

1. Application of Acts and subordinate statutes to the complaint and written confirmation;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution (the scope of punishment shall be 100 million won or more (100 million won or less) and Article 62(2) of the Act on the Suspension of Execution (6-2 years) (the person who has been specially mitigated), in cases where the mitigation area (the amount of damage in this case’s sentence is not much

However, the victim helps the defendant.

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