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(영문) 창원지방법원 2016.08.10 2016고단1730
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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 January 27, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud, such as computer, at the Changwon District Court, and the judgment became final and conclusive on April 28, 2016.

On June 8, 2015, the Defendant purchased one car from DMW320i car from the “C” located near the bus terminal located in Changwon-si, Changwon-si, and received 12,800,000 won from the victim (ju) to pay the said car, and set up a mortgage on the said car as to the claim value for the victim, company, mortgagee and debtor as the Defendant.

Nevertheless, around August 2015, the Defendant borrowed 4.2 million won from the F Hospital E located in the window of Changwon-si, and offered and delivered the said car as security, thereby hindering the Defendant’s exercise of rights by concealing the said car that became the object of the mortgage of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Loan agreement, the ledger of motor vehicle registration, and investigation report (to listen to the telephone of the complainant's representative related to the location of the damaged motor vehicle);

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (Attachment of the text of the judgment), and application of statutes of 1 copy of the judgment;

1. Relevant Article 323 of the Criminal Act, the choice of imprisonment, and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not agreed with and did not recover from damage, but the amount of damage is relatively small, the situation of concurrent crimes after Article 37 of the Criminal Act, the age of the accused, sexual conduct, relationship with the victim, motive and consequence of the crime, and the circumstances after the crime, etc. shall be determined as per the disposition (the sentencing criteria shall not apply to single concurrent crimes after Article 37 of the Criminal Act).

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