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(영문) 수원지방법원 안양지원 2019.02.14 2019고단39
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than five 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 23, 2012, the Defendant purchased lurged car B, and borrowed KRW 14,900,000 from the victim C Co., Ltd., on condition that the principal and interest are repaid equally for 36 months, and on March 26, 2012, the Defendant set up a collateral security on the said car with the claim value of KRW 14,90,000 in the name of the victim company.

However, around January 10, 2013, the Defendant received 5,500,000 won from a lender who is unable to know his name in the vicinity of the Suwon-si D market, and transferred the said car to the lender and distributed it in large lanes.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. E statements;

1. A complaint;

1. Application of C medium and Multilateral Application and Decree of the register of automobiles

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The defendant's crime of sentencing under Article 62-2 of the Probation Criminal Act appears to have suffered considerable economic loss due to the victim's failure to realize the mortgage at the time, and the damage has not been recovered until now.

However, the defendant's mistake is recognized, and the defendant has no record of being punished for the same kind of crime before the case, nor has he exceeded the fine.

In addition, all kinds of sentencing conditions, such as the defendant's age, environment, motive, background, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

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