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(영문) 청주지방법원 2016.09.30 2016고단501
권리행사방해
Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That 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 December 11, 2013, the Defendant registered the establishment of a mortgage on the said car purchased by the Defendant as the mortgagee’s “Korea Telecommunications Social Co., Ltd.,” and “11,000,000,000 won” with the value of credit (11,000,000 won) at the time of the purchase of the first car at the office of LNS car, a partnership company (hereinafter “DF”) of the Defendant, a partnership company of Korea (hereinafter “KFF”) at the office of KNF, U.S., U.S., as a company affiliated with the Defendant, to purchase the first car of BNS car, and to use it for the purchase price of the vehicle.

The Defendant, around April 2015, on the road in front of Seowon-gu, Seowon-gu, 303, Seowon-gu, Cheongju-si, and 303, at the time, did not pay monthly installments to the victim company for several months, and it was anticipated that the victim company recovered the above car, which is a real right to mortgage, for the reason of the termination of the contract due to loss of benefit by the victim company, and would be appropriated for the repayment of the obligation. However, in order to raise funds for personal repayment, the Defendant offered the above car, which became the object of the rights of the victim company, as security and offered it to a person whose name is unknown, and made it difficult for the victim company to exercise its security right

Accordingly, the defendant concealed the above car of the defendant who was the object of the rights of the victim company and obstructed the exercise of rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. The application of Acts and subordinate statutes, such as a petition for complaint, a petition for a second and second complaints;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Punishment of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] When an intentional crime is committed in the mitigated area (one month to eight months) (special mitigation factors] of mitigation area (one month to eight months).

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