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(영문) 대구지방법원 2021.01.20 2020고단5060
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 22, 2019, the Defendant provided 45 million won with a loan from B bank as security and registered as the mortgagee for the damaged company on the same day with the maximum claim amount of KRW 45 million, the Defendant provided the instant vehicle as security by borrowing KRW 20 million from E running “D” around June 2019 and did not repay the said money, thereby having the vehicle transferred under F’s name on October 24, 2019.

Accordingly, the defendant concealed his own vehicle, which was the object of another person's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A complaint, a credit transaction agreement, a mortgage creation contract, a statement of loaned goods, a reference to redemption, a motor vehicle registration certificate, or a motor vehicle registration ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The scope of recommended punishment according to the sentencing guidelines [the scope of punishment [the types of decisions] that interfere with the exercise of the right, etc. [the category 1] and no person who interferes with the exercise of the right [the scope of recommended punishment] [the scope of punishment and recommendation], the basic area of recommendation and recommendation], six months through one year.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments of this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

There are few damages.

The favorable circumstances: Recognizing the crime, it is against the law.

It is the first crime.

All loans to damaged companies were repaid.

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