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(영문) 대전지방법원 2018.06.11 2018고단132
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

On January 21, 2013, the Defendant borrowed KRW 31 million from the victim Hyundai Capital Co., Ltd. to purchase a passenger car with B's low price, and set up a mortgage on the said car in the name of the victim as security.

However, on May 2014, the Defendant borrowed KRW 10 million on the condition that the Defendant would repay the said car after one month from a person who was in the name of the deceased, provided the said car as a collateral, but failed to repay the loan, and the said car was distributed in the large lane.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] [the grounds for sentencing of Article 62-2 of the Social Service Order Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person who is subject to special sentencing] [the decision of sentencing] [the person who is subject to special sentencing] [the decision of sentence] unrepared, the sentence shall be determined by taking into account the fact that there

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