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(영문) 대구지방법원 김천지원 2016.09.28 2015고단374
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 26, 2014, the Defendant purchased one of the low-priced passenger cars at a non-motor vehicle sale business establishment located in Ansan-si, and registered in the name of the Defendant, and borrowed KRW 19,50,000 from the victim EF Savings Bank to borrow KRW 19,50,000 from the victim EF Savings Bank, and established a mortgage on the above vehicle on September 29, 2014.

Nevertheless, on October 2014, the Defendant concealed the amount of the above passenger car by means of delivering it in order to repay the debt to the private financing business operators, thereby hindering the collection of claims equivalent to KRW 20,466,177, which is the secured debt of the victim's right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint, written agreement on application for debate, original register of automobile registration (C), deposit inquiry, and notice of expected loss of time limit;

1. Application of Acts and subordinate statutes to a report on investigation (D Telephone Investigation);

1. Relevant Article 323 of the Criminal Act concerning the facts constituting the crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] mitigated area (one month to eight months) [the person subject to special sentencing] [the decision of sentencing] and the fine not for punishment [the decision of sentence] [the defendant concealed a vehicle which was the object of the victim company's mortgage by means of delivering it to another person for debt repayment, thereby obstructing the victim's exercise of rights, and the nature and circumstances of the crime are disadvantageous to the contrary.

However, the sentencing conditions specified in the argument of this case, such as the defendant's age, sexual behavior, environment, and criminal history of the same kind and suspension of execution, the fact that the injured person does not want the punishment of the defendant by agreement with the injured person, the fact that there is a child who supports the injured person, and the age of the defendant, sexual behavior, environment, and the details of the crime, shall be determined like the order.

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