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Reasons
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(영문) 인천지방법원 2019.01.16 2018고단7930
권리행사방해
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A defendant shall be punished by imprisonment with prison labor for up to 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

1. On November 27, 2013, the Defendant purchased B truck at the scene of Sejong-si, and borrowed 195,50,000 won (the balance of loan: 92,572,684 won) for purchase from the victim C Co., Ltd., and created a mortgage over the amount of KRW 136,850,00 in the name of the victim around the 29th of the same month as security.

However, on January 2018, the Defendant borrowed KRW 40,00,000 from D at the training-based parking lot near the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and provided the said vehicle as security and provided the location of the vehicle to be unknown.

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.

2. On January 24, 2014, the Defendant purchased a Fcoon-sports vehicle from E located in the Cheongju-si, and borrowed KRW 24,970,00 (the balance of loans: KRW 6,947,777) from the victim C Co., Ltd., and created a mortgage over the amount of KRW 17,479,00 in the name of the victim around the 28th of the same month as security.

However, on February 2017, the Defendant borrowed KRW 6,200,000 from a person who was unaware of his name in the vicinity of the Yongsan Park in Yeonsu-gu Incheon, Incheon, and provided the above vehicle as security and distributed it as a so-called large vehicle.

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. Application of Acts and subordinate statutes to the police statement of G;

1. Relevant Articles of the Criminal Act and Article 323 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The sentencing criteria [the range of recommendations] The basic area (6-1 year) of the obstruction of another’s exercise of one’s rights (6-1 year) is nonexistent.

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