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(영문) 대전지방법원 2020.09.09 2020고단2701
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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 November 28, 2016, the Defendant borrowed KRW 25 million from the Victim B Co., Ltd. on the Internet using a computer from the French land on the Internet on November 28, 2016, and set up a mortgage on KRW 25,000,000 on the claim value for the said loan to the victim as a security for the said loan.

When the Defendant did not pay the principal and interest of the Defendant to the victims, the Defendant provided the creditors under the name of the non-resident as collateral and delivered the said car to the creditors under the name of the non-resident on May 2017, making it impossible to grasp the location of the car

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

Summary of Evidence

1. Defendant's legal statement;

1. A loan product description;

1. Notice of assignment of claims;

1. Automobile register;

1. Application of Acts and subordinate statutes on a contract for acquisition of assets;

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type] : Obstruction of Exercise of Rights, etc. [Class 1] No person [the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment] fundamental area, 6 months to 1 year [the general person] mitigation element: No record of criminal punishment [the grounds for suspension of execution] - There is no record of criminal punishment - there is no record of criminal punishment - there is no record of general reason: no effort to recover damage.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

(a) favorable conditions: The primary crime, the fact that the crime of this case is recognized, and the fact that the mistake is reflected;

(b) Conditions disadvantageous to the victim: The fact that the victim suffered substantial damage but failed to recover the damage and the victim’s damage is difficult to recover;

C. The Defendant’s age, character and conduct, environment, and motive and circumstance leading to the instant crime.

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