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(영문) 대구지방법원 2020.09.09 2020고단3340
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2019, the Defendant was sentenced to imprisonment with prison labor for six months at the Daegu District Court for fraud, and the said judgment became final and conclusive around that time.

On June 20, 2015, the Defendant: (a) purchased a Ban Corkn Corpoon from the office of the used vehicle selling company in Gyeonggi-do for the following reasons; (b) agreed to pay the principal and interest in installments for 36 months; and (c) registered the said car in the name of the Defendant on June 22, 2015; and (d) on June 23, 2015, the Defendant: (a) decided that the creditor was the victim on June 23, 2015, with the value of the bonds as KRW 15 million, the Defendant borrowed money from the bonds in the name of the victim company and operated the said vehicle with the delivery of the said vehicle to the large vehicle, thereby making it impossible for the victim company to grasp the location of the said vehicle.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. Previous records in the judgment of an installment loan agreement or the register of automobiles: The application of Acts and subordinate statutes by making an inquiry of criminal records;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of type]: Obstruction of another’s exercise of rights, etc. [the category 1] and no person [the scope of recommendation and recommendation] [the scope of a person who is a special person] [the recommended field and recommendation] fundamental area; 6 months to 1 year [the general person] mitigation element; small participation; 6 months to 1 year (the reasonable person who is a general person] mitigation element; 6 years to 3 years (the reasonable grounds for suspended execution] - The significant reflectness as an accomplice; - Participation as an accomplice - No person who has been sentenced to suspended sentence and has no effort to recover

3. Determination of sentence: Imprisonment with prison labor for not more than six months and two years of suspended sentence;

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