logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.01 2017고단2800
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

1. On November 20, 2014, the Defendant purchased 3 vehicles at the office of 414, Nam-gu, Incheon, Nam-gu, Incheon, for the establishment of a mortgage by providing the said vehicle as security and having the creditor as the company, while obtaining a loan of KRW 12.6 million from the victim KB Capital Corporation.

Nevertheless, on November 10, 2015, the Defendant: (a) paid off 3 vehicles of salary C in Songpa-gu Seoul, Songpa-gu D and 201 to F, one’s creditor, and (b) prevented the victim from being identified the location of the said vehicle; (c) concealed one’s goods that became the object of the victim’s mortgage and interfere with the victim’s exercise of rights.

2. On January 6, 2015, the Defendant purchased G 2 vehicles at the office of her right to receive the payment of 11 million won from the victim KB Capital Co., Ltd., and provided the said vehicle as security and created a mortgage against the creditor as the victim.

Nevertheless, on November 10, 2015, the Defendant paid off the G T 2 vehicle to H, one’s creditor, and prevented the victim from being identified the location of the said vehicle, thereby concealing the victim’s own property that became the object of the mortgage and hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. An application form for a second or second higher portion, and an application for a second or lower portion of debate;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria (the final sentence range due to the increase in multiple offenses): June 1 to June 1 - Group 1 (Obstruction of Exercise of Rights) basic area (from June 1 to year) - Category 2: Interference with Exercise of Rights; Type 1 (Obstruction of Exercise of Rights).

arrow