(영문) 수원지방법원 여주지원 2016.04.27 2015고단430

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2016.04.27 2015고단430

권리행사방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 25, 2013, the Defendant purchased a D office located in E Scarn A 25.5 tons truck from the victim's character Capital Co., Ltd. for the loan of funds to purchase vehicles. On February 26, 2013, the Defendant established a mortgage on the secured debt amount of the secured debt amount of the victim as the mortgagee for the above truck as security for the above loan obligation.

Nevertheless, on September 1, 2013, the Defendant received 15 million won from the G resting place located in the voice group F, and transferred the said vehicle to the unemployed, and had the said vehicle exported to Russia on May 4, 2014.

Accordingly, the defendant concealed the location of the vehicle owned by the defendant, which was the object of the victim's right, so that the victim can not check the location of the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [Scope of Recommendation] Suspension of Exercise of Right (Interference with Exercise of Right) / In the case where the basic area (6-1 year to 1 year), [special mitigation (including efforts to recover damage), / In the case of causing serious damage to the victim (amended by Act No. 1007, Oct. 2, 199) / In the case of the instant crime of this case for 2 years of suspended sentence of ten months, the victim suffered significant damage due to the crime of this case, but there was no record of punishment heavier than the fine imposed by the defendant, and the victim by agreement with the victim, the sentence like the order shall

참조조문

-형법 제62조 제1항

-형법 제323조

유사 판례

-서울서부지방법원 2016.02.17 2015고단2363

-서울북부지방법원 2016.08.31 2016고단2004

-대전지방법원 천안지원 2017.05.11 2016고단2545

-부산지방법원 2016.07.21 2016고단502

-창원지방법원 밀양지원 2018.03.22 2017고단452