logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.09.04 2018고단1320
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 May 2, 2015, the Defendant, at the D Office located in Daejeon Seo-gu Daejeon, agreed to pay KRW 16,00,000,000 for the second half of the fixed amount from the victim KB Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) to pay KRW 546,065 each month in equal repayment of principal and interest for 36 months from June 20, 2015, and established a collateral security on the said car.

Nevertheless, at the vicinity of the defendant's house located in Daejeon Dong-gu, Daejeon, the defendant delivered the above vehicle to G as a collateral for the debt of 2 million won for G where his personal information is unknown.

Accordingly, the defendant interfered with the exercise of rights by the victim company by concealing the above vehicle which is the object of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a complaint (a copy of an application for a middle and high-class debate, a copy of a motor vehicle registration certificate, and a motor vehicle

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the conditions of all the sentencing recorded in the records, such as Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: (a) transferring a vehicle purchased by a loan to another person to cause a substantial damage to the victim company; (b) the location of the vehicle is not yet identified; and (c) the damage is not recovered; (d) the favorable circumstances: there is no record of the same kind of crime; and (e) there is a change of the vehicle.

arrow