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(영문) 대구지방법원 포항지원 2017.12.21 2017고단1334
권리행사방해
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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 31, 2010, the Defendant borrowed KRW 6,500,000 from 26,50,000,000 from Korea Co., Ltd., Ltd., the Defendant agreed to make a certain monthly change between 60 months and 60 months on July 13, 2010, and agreed to make a mortgage on the said car owned by the Defendant at the victim’s name with the bond value of KRW 13,250,000. However, on July 13, 2010, the Defendant did not pay the above loan interest but did not repay the above loan interest, thereby hindering the Defendant’s exercise of rights as the mortgagee by borrowing KRW 6,00,00,00 from the non-registered bond business operator on the name of the Defendant at the non-registered place in the middle of 2014, and providing the said car as a collateral.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of subordinate statutes to finance and loan agreements to be made, and to the ledger of automobile registration;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (six months to one year) [the person subject to special sentencing] [decision of sentence] The defendant separates his mistake; the circumstances leading to the crime of this case; the background leading up to the crime of this case; the degree of damage to the victim; the defendant's age, environment and sexual behavior; and the various circumstances leading to the sentencing conditions specified in the argument of this case, such as the defendant's age, sex behavior, etc., shall be determined as per the order.

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