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(영문) 광주지방법원 목포지원 2018.11.06 2018고단641
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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 October 1, 2014, the Defendant obtained a loan of KRW 23,700,000 from the victim C Co., Ltd. in a restaurant operated by the Defendant in Gwangju Dong-gu, Gwangju, and purchased D Co., Ltd. a car. on October 16, 2014, the Defendant registered the establishment of a mortgage of KRW 16,590,000 for the mortgagee C Co., Ltd and the bond value of KRW 16,590.

Since August 2016, the Defendant borrowed KRW 7 million from a person who was absent from his name, and offered the said car to a person who was not eligible for his name.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written complaint;

1. Application of accusation forms, loan specifications, peremptory notices on the exercise of right to collateral security, peremptory notices on delivery, written decision on automobile auction, written decision on automobile auction, certified copy of automobile registration ledger, and abstract of Acts and subordinate statutes;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] [the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] are the basic area (six months to one year) of the first type (Obstruction of Exercise of Right) [the person subject to special sentencing] [the decision of sentence]] of the defendant did not agree with the victim, but there was no record of criminal punishment other than once of the fine, and confession and reflects the crime of this case, and repayment of the amount equivalent to 14,886,954 out of the loan principle against the victim was made. In full view of all the reasons for sentencing indicated in the record, the sentence is determined as ordered.

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