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(영문) 대전지방법원 천안지원 2016.08.05 2016고단803
권리행사방해
Text

The punishment of the accused shall be three months by imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 12, 2012, the Defendant purchased one motor vehicle in D East Sea and C, through the Dispute Resolution Co., Ltd., which is located in D and D, which is located in D and D, around December 12, 2012, when the Defendant obtained a loan from the victim Co., Ltd. on the condition that the victim Co., Ltd redeems 1,300,130 won per month for 36 months on equal terms and conditions that the victim Co., Ltd. redeems 1,300,130 won per month for 38.7 million won for the victim Co., Ltd., while setting up a mortgage on the above vehicle on or around December 13, 2012, he/she paid the above loan principal up to 17 times until June 23, 2014.

Accordingly, the victim company was the address in the public register of the defendant at around that time, and there was no search for the vehicle's location after the employees of the above company directly visited the company's employees in Seocheon-gu E, 101 Dong 903 as stated in the loan agreement.

On August 1, 2014, the Defendant had already resided in Korea-dong F and 112 Dong 401, Nam-gu, Chungcheongnam-gu, Seoul, and around 1, 2014, but did not notify the victim company of the location of the said vehicle in a manner that does not inform the victim company of the change without contact with employees of the victim company so that the location of the said vehicle could not be discovered, thereby hindering the victim company from exercising its rights by concealing goods that became the object of the victim company

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the statute to the accusation of non-us capital stock company

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (Interference with Exercise of Rights) (Determination of the area of recommendation), basic area (Scope of recommendation), six months to one year;

2. Determination of sentence: The type and degree of the instant crime; the intent to punish the victim company; the recognition of the Defendant’s criminal act; and the damage is considerable.

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