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(영문) 대전지방법원 2020.10.08 2020고단3487
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of suspension of execution on March 21, 2019 and was sentenced to two years of suspension of execution on March 29, 2019, due to the obstruction of exercise of rights at the Seosan Branch of the Daejeon District Court, and is currently under suspension of execution.

[Criminal facts] On March 10, 2015, the Defendant: (a) purchased a low-end vehicle from the trading company of the mutually undeveloped cars located in the following city at the following city; (b) obtained a loan of KRW 28 million from the victim C Co., Ltd. under the pretext of vehicle purchase; and (c) set up a collateral security of KRW 28 million with the maximum debt amount.

Nevertheless, the defendant borrowed 10 million won to the bond company with no name at the Cheongju-si around June 2015 as security and then it was impossible to identify the location of the above car.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Criminal records and the application of statutes governing judgment;

1. Article 323 of the relevant Act concerning the facts constituting an offense and Article 323 of the multiple-choice Act; Selection of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more;

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