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(영문) 인천지방법원 2017.08.09 2017고단2966
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 October 31, 2015, the Defendant borrowed KRW 46,000,000 from the Victim Don Capital Co., Ltd., BLK220, the purchase price of 46,000 won for the said car, and on November 2, 2015, the Defendant set up a collateral security interest of KRW 23,00,000,000,000,000,000,000 as collateral for the said car as collateral to the creditor by the victim company.

On June 2016, the defendant extended money from the defendant's operation D, which is located in the Namyang-si, Namyang-si, to the defendant, and the above passenger car was set up as a collateral.

As above, the defendant concealed the defendant's motor vehicle which was the object of the right to collateral security of the victim company and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the same Act [the scope of recommended punishment] are as follows: (a) the basic area (six months to one year) (the decision of sentence] [the decision of sentence]; (b) the defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime; and (c) the conditions of sentencing as shown in the trial process of this case, including the circumstances after the crime.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

A considerable period of installments has been paid by the defendant.

Disadvantageous circumstances: The defendant was unable to reach an agreement with the victim.

Existing years of punishment of imprisonment without prison labor or heavier.

The amount of damage is considerably high.

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