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(영문) 전주지방법원 2021.03.10 2020고단2512
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 February 4, 2015, the Defendant purchased the Clatera car in the Geumcheon-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on February 4, 2015, and was granted a loan of KRW 17 million from the victim D in the agreement to pay the purchase price of the vehicle on equal installment terms between 36 months and interest, and the Defendant set up a collateral security right of KRW 8.5 million with respect to the said car as security.

After purchasing a car as above, the Defendant received approximately KRW 6 million to the name-free winners (one-day E) and transferred the car to the said passenger car, making it considerably difficult to find the location of the car.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The second and second agreement of debate; and

1. A contract for acquisition of assets;

1. Notice of transfer and acquisition of bonds and public notice of transfer of credit information;

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

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

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the exercise of rights, etc. [the Class 1] interference with the exercise of rights [the person subject to special sentencing] - The elements to mitigate punishment (including serious efforts to recover damage): [the scope of the recommended and recommended punishment] [the scope of the mitigation area and the scope of the recommendation], one month to eight months [the general sentencing person] - The factors to mitigate: The serious reflect [the reasons for suspended execution] - The main reasons for suspended execution

3. Determination of sentence: In addition to the above sentencing grounds, a sentence shall be rendered as ordered in consideration of various sentencing conditions as shown in the trial process and records, including the criminal history, age, sex, environment, etc. of the defendant.

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