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(영문) 대전지방법원 서산지원 2017.11.17 2017고단757
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2014, the Defendant filed an application for a loan of KRW 22,00,000 with a loan of KRW 742,253 per month with a condition that he/she redeems 36 months for 36 months in order to prepare the purchase price for heavy SM7 passenger tea at the office of Korea-gu, Seoul, Inc., Ltd., which is located 510, based on the genetic nature of Daejeon, and around the 28th of the same month, the Defendant set up a mortgage on the claim value of the above vehicle as the creditor by designating the damaged company as the creditor on the same month.

Nevertheless, on September 2015, the Defendant delivered the said vehicle to D as debt repayment at a non-permanent place, and the location of the vehicle could not be known.

Accordingly, the Defendant concealed the vehicle that was the object of the mortgage of the victimized company, thereby hindering the exercise of the rights of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application for a loan agreement on construction of used cars, the ledger of registration of automobiles (A), the ledger of registration of automobiles (B), certification of civil and criminal matters, the acquisition of assets by transfer, payment details, and application of Acts and subordinate statutes of subparagraph (A);

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

1. The suspended sentence under Article 62(1) of the Criminal Act has the record of being punished for the same kind of crime with the same reason for sentencing, the fact that the damage has not been recovered, etc. is unfavorable or contradictory to the circumstances, such as the amount of secured claims against the mortgage of this case, the Defendant’s environment, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered in consideration of the overall conditions of sentencing.

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