(영문) 춘천지방법원 강릉지원 2016.08.31 2016고단847

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(영문) 춘천지방법원 강릉지원 2016.08.31 2016고단847

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant purchased Benz E300 car at the name-free vehicle sales store in Gwangju-si, and took out a loan of KRW 35 million on the condition that the said car is offered as security to the victim's social company, and completed the registration for the creation of mortgage (the secured bond amounting to KRW 17.5 million after changing the trade name) as the mortgagee for the said car on the same day.

However, on August 2013, the Defendant: (a) borrowed 15 million won from a person without his name from a place in Gwangju City, which became the object of the victim’s right; (b) transferred the said car as security to the person without his name; and (c) prevented the victim from being aware of its location; (d) concealed goods that became the object of the victim’s right.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. A complaint;

1. Application of Acts and subordinate statutes to a certified copy of the register of each corporation, an application form for a second and second installment, an agreement of a second and second installment, and an automobile registration ledger;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of recommendation] and the reason for sentencing under Article 62(1) of the Suspension of Execution Act (the grounds for sentencing), taking into account the reflection of the basic area (the period of six months to one year) (the period of six months) [the decision of sentencing] [the amount of damage of this case, the amount of damage of this case, the family environment and support relationship of the defendant, and the fact that there is no special criminal history at one time of fine of this kind, the sentence against the defendant shall be set

참조조문

-형법 제62조 제1항

-형법 제323조

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