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(영문) 수원지방법원 2019.09.20 2019고단1552
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 March 16, 2018, the Defendant purchased the 2014 Ecuba car, and extended a loan of KRW 30 million from the Co., Ltd. and created a mortgage on the above vehicle on March 20, 2018.

Nevertheless, on December 2018, the Defendant borrowed gambling money from a bond business operator with no name in the non-defluence in the non-defluent area of the Suwon-si, Suwon-si (hereinafter referred to as "Seoul-si"), and concealed his/her property, which became the object of another person's right, by transferring the above vehicle to the security.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of D;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years of suspended execution, the Defendant borrowed a vehicle which set up a right to collateral security to the victim and transferred it to another person;

The amount of damage has not been recovered due to the amount of KRW 27 million on the basis of principal.

On the other hand, the defendant is in contravention of the confession, and the defendant has no criminal records except for the previous convictions of different types of fine three times prior to ten years.

In addition, the above punishment shall be determined in consideration of all the sentencing circumstances.

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