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Reasons
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(영문) 대전지방법원 2019.08.22 2019고단1047
권리행사방해
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A defendant shall be punished by imprisonment with prison labor for up to six 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

On September 26, 2016, the Defendant purchased D5 tons truck vehicles at the Daejeon Daejeon Branch in the World War, and received loans from the victim E Co., Ltd. on the condition that the amount of loans would be 142,50,000,000, 60 months during the lending period, and 6.5% at the lending rate. On October 31, 2016, the Defendant created a mortgage on the above vehicle with the victim’s claim amounting to 57 million won.

Nevertheless, around August 2018, the Defendant borrowed KRW 30 million from F to F in the French-si Macheon-si (Sacheon-si) and provided the above truck vehicle as collateral, so it is considerably difficult to find the location of the vehicle.

Accordingly, the defendant concealed the above vehicle which was the object of the mortgage of the victim company, thereby hindering the victim company from exercising its rights based on the mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Summary of statement;

1. A complaint;

1. A detailed statement of loan application/agreement;

1. Transfer of assignment and payment guidance mail;

1. Automobile register;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant agreed with the victim, the fact that the defendant is living together with his confession, the defendant's age, character and conduct, environment, the circumstances and motive of the crime, and the circumstances before and after the crime, etc., shall be comprehensively taken into account in determining the punishment as ordered.

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