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(영문) 대구지방법원 포항지원 2017.10.12 2017고단972
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 14, 2015, the Defendant agreed to grant a loan of KRW 28,00,000 from the victim Aju Capital Co., Ltd. to KRW 96,880 each month for 36 months in the process of purchasing the said car in the middle and middle stores of the Daegu-gu Seoul metropolitan month, and agreed to make a change of KRW 14,00,000 on September 15, 2015, after completing the registration of ownership transfer under the Defendant’s name as to the said car, and made a mortgage under the victim’s name with the bond value of KRW 14,00,000 on September 15, 2015, the Defendant disposed of the said car from E and proposed to grant a loan for part of the proceeds of the sale, and distributed the said car to E and distributed it as a "large-scale car" under the name of the victim.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of Acts and subordinate statutes of the registers of Motor Vehicles to the medium and high-speed stations;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommended punishment] There are no basic area (six months to one year] [the person who is subject to special sentencing] [the decision of sentence], the circumstances leading to the crime, the degree of damage, etc.

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