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(영문) 대전지방법원 2014.04.18 2013고단4428
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 22, 2011, the Defendant purchased Dives vehicle at the shopping mall of Hyundai Motor Vehicles in Daejeon Jung-gu, Daejeon, and borrowed KRW 26 million from the victim Non-Hak Capital Co., Ltd., and on January 2, 2012, the Defendant newly registered the said vehicle under the name of the Defendant with respect to the said vehicle, and created a mortgage on the said vehicle with respect to the said vehicle as security for the said loan to the victim with respect to the victim, the mortgagee, the claim amount of KRW 23,300,000,000.

On July 2012, the Defendant borrowed KRW 8 million from a bond company that was unable to know his name on the street in Seo-gu, Seo-gu, Daejeon to offer the above vehicle as security, and provided the bond company with the above vehicle as security without the consent of the victim at his/her own discretion, and had the bond company company take over the above vehicle and the vehicle key to the above bond company without the consent of the victim.

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. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the police written statement to E;

1. Circumstances favorable to the reasons for sentencing under Article 323 of the Criminal Act and Article 323 (Selection of Imprisonment): The confession, reflectivity, and circumstances unfavorable to a criminal offense (applicable only to a minor two-time criminal conviction): The punishment shall be determined as ordered by taking into account all the conditions for sentencing, including the circumstances beyond recovery of damage and the defendant’s age, character and behavior, family environment, and circumstances after committing the crime;

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