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(영문) 전주지방법원 2017.10.19 2017고단1360
권리행사방해
Text

A defendant shall be punished by imprisonment for 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 March 9, 2014, the Defendant: (a) purchased the first car at C C, and (b) borrowed KRW 25.9 million from the Defendant Hyundai Capital Co., Ltd.; and (c) set up a collateral security on the said car owned by the Defendant as a mortgagee for the victim company.

around September 2014, the Defendant borrowed 5 million won from a name-free bond business operator in the vicinity of the Namdong-dong Incheon Nam-dong Incheon Namdong Industrial Complex and transferred the said car to the bond business operator as security.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application for registration, such as the examination table, application for loans on a motor vehicle, notification of the transfer of bonds and acceptance of entrustment, transfer of assets, etc., application of the motor vehicle registration ledger (A) and Acts and subordinate statutes;

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

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] that interfere with the exercise of rights, etc. and the exercise of rights, etc.] and there is no person who is in need of special sentencing [the scope of the recommended punishment] from June to one year (the basic area];

3. Although the Defendant was granted a loan of KRW 29,50,000 from the injured party and the mortgage was created on the bond value, the crime is not good in that the Defendant’s transfer of the instant vehicle to the bond manager, and the damage was not recovered due to the failure to pay the loan amount of KRW 45 million. Thus, the Defendant shall be punished by imprisonment with labor.

However, the fact that the defendant repaid the principle of premium reduction for 5 to 6 months, the fact that the defendant recognized the defendant's mistake and reflects it, and the defendant has no power to impose any criminal punishment in addition to the second fine due to the crime of double-class.

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