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(영문) 전주지방법원 군산지원 2016.07.05 2016고단442
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 4, 2013, the Defendant purchased B-En-turd passenger cars from the Liju Capital Co., Ltd. in Ansan-si around September 4, 2013, and received a loan of KRW 15 million from the victim Aiju Capital Co., Ltd. to submit documents related to the establishment of a mortgage to the victim company on the same day. On September 5, 2013, the victim company registered a mortgage of KRW 10,50,000 as the mortgagee of the victim company on the said car.

On September 9, 2013, the Defendant borrowed KRW 4.9 million from his name-free bond business operator from his name-free bond business operator, and offered the above car to a person who was named as a collateral, thereby interfering with the exercise of the rights of the victim company by concealing his own goods which became the object of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the complaint, motor vehicle registration ledger;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person who has no basic area (6 months to one year) [the person who has been subject to special sentencing] [the decision of the sentenced sentence] [the defendant has obtained an installment loan from the injured party for the purpose of preparing money by disposing of a motor vehicle from the beginning, and the defendant has not been identified as the present location of the motor vehicle, and the damage has not been recovered and the motor vehicle operated under the name of the defendant could cause other damage. The suspended sentence shall be sentenced to two years for the six months, taking into account the following factors: (a) sentencing factors against the defendant; (b) pecuniary damage to the victim is not significant; and (c) there is no specific history

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