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(영문) 광주지방법원 2018.04.25 2018고단297
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 August 12, 2016, the Defendant borrowed KRW 70,000,000,000 from the victim Aju Capital Co., Ltd. in the Seo-gu Special Metropolitan City, Seo-gu Standing Demba, to purchase Au A8 B vehicles. On August 16, 2016, the Defendant registered the establishment of a right to collateral security with the claim value of KRW 70,000,000 for the above vehicle and the mortgagee as the victim.

On February 2, 2017, the Defendant provided the above Awdi vehicle owned by the Defendant, which was the object of the victim’s right, to E, its creditor, as a collateral at the (State) D Office in Gwangju-gu, Gwangju-gu, and obstructed the exercise of the right by concealing its property that became the object of the victim’s right.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement which is an accusation of the F;

1. Decision-making and report on impossibility of delivering a motor vehicle;

1. Application of Acts and subordinate statutes of a loan statement and a subordinate statute of a contract to be entered in the second place;

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 Act on the Suspension of Execution - The grounds for sentencing under Article 62(1) of the Criminal Act - The defendant's mistake is recognized, the defendant's primary offender is the defendant, and the

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