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(영문) 서울북부지방법원 2018.04.18 2017고단4372
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 August 20, 2013, the Defendant: (a) obtained a loan of KRW 21 million from the victim Hyundai Gap Capital Co., Ltd., Ltd., which was known through the Internet at the instant coffee shop in Mapo-gu Seoul around August 20, 2013; and (b) drafted a loan agreement to establish a collateral on the above vehicles owned by the Defendant as collateral to the victim company.

Nevertheless, at around 16:00 on the same day, the defendant transferred the above vehicle, which became the object of the victim's right, to a person who has no name, 2.30,000 won.

Accordingly, the defendant concealed the defendant's goods that were the object of the victim's right, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to the application form for a modern Capital;

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 [the scope of recommending punishment] that there is no basic area (six months to one year) [the person subject to special sentencing] [the decision subject to sentencing] [the defendant's age, installment, sex, intelligence and environment], relationship with the victim, motive, means and consequence of the crime, circumstances after the crime are considered, etc.

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