logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.30 2019고단1501
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On March 13, 2018, the Defendant purchased the vehicle of 15 million won in the name of the victim company in the name of the victim company, and borrowed 30 million won (the remaining principal: 30 million won) from the victim D Co., Ltd. while purchasing the vehicle of 30 million won in the middle of the vehicle of Yoo-gu Incheon, Bupyeong-gu, Incheon. On the 15th day of the same month, the Defendant set up a mortgage on the above vehicle of 15 million won in the name of the victim company.

However, around August 2018, the defendant borrowed 6 million won from the credit service provider in the name of the E in the name of the defendant and provided the above vehicle as security and distributed it as a so-called large vehicle.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Report on the criminal defendant's legal statement and criminal investigation (verification of the place beyond the vehicle);

1. Application for loans for motor vehicle purchase funds, the register of motor vehicles (C), and the Acts and subordinate statutes of the Bank of Korea;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction, etc. of another’s exercise of rights [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] and the basic area of recommendation, six months to one year;

2. In light of the fact that the amount of damage caused by the instant crime was a large amount, and the damage was not recovered most, there is a need for a strict punishment against the Defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the fact that the defendant is led to confession, the fact that the defendant has repaid one million won to the victim, the fine of this kind and his previous convictions are only one time, and there is no record of punishment after around 1993; the defendant's age, character and behavior and environment, the motive, means and consequence of the crime, and the circumstances after the crime, etc., as shown in the arguments of this case.

arrow