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(영문) 창원지방법원 마산지원 2018.04.27 2018고단233
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud in the Changwon District Court Msan Branch on June 19, 2013, and the judgment became final and conclusive on June 27, 2013. On February 5, 2015, the Daegu District Court sentenced the suspension of the execution of six months of imprisonment for occupational embezzlement, etc. and became final and conclusive on February 13, 2015.

On March 24, 2011, the Defendant purchased a cub car with the market price of KRW 18,90,000,000 in B at the middle-gu Seoul metropolitan district around the Daegu metropolitan district around March 24, 201, and was given a loan of KRW 20,000,000 from the victim Hyundai Capital Co., Ltd. as the purchase price for the car and agreed to pay the principal and interest to the victim in installments for 36 months, and the Defendant set up a mortgage over the amount of KRW 20,000,000 as the

Nevertheless, on the same day, the defendant received KRW 8 million from a trading company of a secondhand vehicle with no name and sold a thirdhand vehicle to the above company, and thereby making it impossible to identify its location, thereby concealing goods which became the object of the victim's right and obstructing the exercise of the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Copies of the complaint, motor vehicle registration ledger;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes to investigation reports;

1. Article 323 of the Criminal Act applicable to the crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (the confession, reflection, and agreement, and consideration of equity between the crimes in this case and the crimes in this case which have become final and conclusive at the same time);

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