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(영문) 광주지방법원 2017.03.30 2016고단6043
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 became final and conclusive.

Reasons

Punishment of the crime

On December 17, 2013, the Defendant purchased a cub car in the name of father B in the name of South-gu Incheon Nam-gu, Incheon, and received a loan of KRW 35,500,000 from the victim cub Capital Co., Ltd. (former Social Co., Ltd.) in the name of father B, and at the same time set up a mortgage on the secured bond amount of KRW 17,750,000,000 as the mortgagee of the victim company with respect to the said car.

On June 26, 2014, the Defendant transferred the said car under his name. On July 26, 2014, the Defendant received KRW 6.2 million from the person who was absent from his name and transferred the said car to that person in the common parking lot for Gwangju Metropolitan bus Terminal, which was located in 932, as from the end of July 2014.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes of the mid-term and high-ranking application form, the Motor Vehicle Registration Register (Evidence List No. 15,16);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] there is no person [the person who has been subject to special sentencing] in the basic area (6-1 year to 1 year] [the decision of sentencing] [the person who has been subject to special sentencing] [the decision of sentencing] although the damage was not small and the damage was not recovered, the person has paid the vehicle installments of 11,517,25 won in depth, nine times, nine times, the reason leading to the crime, the circumstance leading to the crime, the fact that there was no criminal record, the defendant's age, sex, environment, family relationship, the motive and consequence of the crime, the circumstances after the crime, etc., and other circumstances constituting the conditions for sentencing as set forth in the arguments of this case, the sentence shall be determined as ordered in the Disposition.

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