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(영문) 창원지방법원 마산지원 2018.11.13 2018고단874
권리행사방해
Text

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

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

Reasons

Criminal facts

On February 5, 2015, the Defendant created a collateral security right with a maximum amount of KRW 14,900,000 with respect to the said car as a creditor of the victim company in order to guarantee the principal and interest of the loan, at the location of the victim company Hyundai Capital Capital Co., Ltd., Ltd., which is located at the center of Sungwon-si, Sungwon-si, Sungwon-si, and with a loan of KRW 14,90,000 from the victim company.

Nevertheless, around March 2015, the Defendant borrowed KRW 2 million from a person who is unable to know his name in the vicinity of the Msan Pungdong-dong in the Changwon-si, Busan Metropolitan City, which was offered as security.

Accordingly, the defendant concealed the above passenger car which is the object of the victim company's rights, thereby hindering the victim company's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by a limited company specializing in EPS first-class securitization;

1. Written statements of D;

1. A copy of the subsidiary financial agreement to be provided;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing criteria: Six months to one year.

(a) Determination of types: One type of crime interfering with the exercise of rights;

B. There is no special sentencing factor:

(c) Determination of the territory of recommendation: Basic territory;

3. Determination of sentence: 6 months of imprisonment, 2 years of suspended sentence, the fact that the defendant committed a crime in the judgment because of a difficulty in living, the confession and reflect of the defendant, although the amount of damage has not been recovered, and the degree of the crime in the judgment in light of the status of the victim is relatively large, and there is no criminal record of the defendant being sentenced to suspension of qualification or more.

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