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(영문) 대구지방법원 경주지원 2016.03.30 2015고단340
권리행사방해
Text

A defendant shall be punished by imprisonment for 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 December 9, 2011, the Defendant purchased CK5 car at the insular specialty store in Ulsan-gu, Ulsan-gu, Seoul-do, and took out a loan of KRW 2,680,000 from the Paju Capital Co., Ltd. to the injured party and set up a mortgage on the said car with the value of the mortgagee, claim amounting to KRW 13,40,000.

Nevertheless, the Defendant borrowed KRW 7.4 million from D on August 2013, 2013, and provided the said car as security, and used the said car to D.

As above, the Defendant concealed the said car with the victim’s mortgage, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a written application to be frushed by the holder of the contract, a written agreement to be frushed by the holder of the contract, a register of automobile registration, and a written protocol of non-delivery of automobiles;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that the victim wants to punish the defendant and fails to recover the damage to the victim, the value of the damaged vehicle and the circumstance in which the amount of the secured claim is not much favorable: The defendant is committed against him/her while fully recognizing the crime in this case, and the fact that the defendant has no particular criminal history;

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