logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.06.13 2018고단2615
권리행사방해
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

Around August 26, 2015, the Defendant borrowed a D car owned by the Defendant as a collateral at the C agency located in the Hasan-si B and created a mortgage on the said vehicle with the mortgagee E Co., Ltd. and the bond value of KRW 1 million at the bond value of KRW 8 million at the said agency around October 23, 2015, with a loan of KRW 8 million at the said agency around October 23, 2015, and with a mortgage of KRW 1.5 million at the said agency around December 14, 2015, with a loan of KRW 1.5 million from the mortgagee G and the bond value of KRW 1.5 million at the said vehicle, respectively.

On August 2016, the Defendant borrowed KRW 2 million from a bond business operator whose name is unknown and transferred possession of the above vehicle as security and made it impossible for the victims to know the location of the vehicle.

Accordingly, the defendant concealed the objects of the victims' rights and interfered with the victims' exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to investigation reports (case of confirmation of the last owner of a DNA vehicle), register of motor vehicles, asset acquisition contract, content certificate, notification of assignment of claims, details of deposits in the installments of a vehicle;

1. Article 323 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year [the general person].

3. Determination of sentence: The Defendant is going against the Defendant, while making a confession of the instant crime.

The defendant has no criminal records subject to punishment beyond a fine.

The defendant is a victim E on December 21, 2016.

arrow