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(영문) 대전지방법원 서산지원 2018.01.25 2017고단902
권리행사방해
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 20, 2016, the Defendant prepared loan documents at the Seo-gu World Cup No. 484, 35-7, e.g., 484, and entered into an agreement to receive 14,000,000 won from the victim's main body capital Co., Ltd. (hereinafter "victim Co., Ltd.") to receive loans from the victim's main body capital Co., Ltd. (hereinafter "victim Co., Ltd.") to repay the vehicle price to the victim Co., Ltd. at an equal amount of KRW 512,476, including interest for 36 months. On the 21st of the same month, the Defendant established a mortgage on the above vehicle as the mortgagee of the victim Co., Ltd. on the 21st of the same month.

Nevertheless, on February 10, 2017, the Defendant: (a) received the said cargo vehicle from the D Scrap c at the D Scrap c at the time of the official residence; and (b) prevented the victim from confirming the location of the said cargo; and (c) scrapped the said cargo from the D Scrap c at the D Scrap c around April 17, 2017.

Accordingly, the defendant has concealed and damaged cargo vehicles owned by the defendant, which are the object of the mortgage of the victim company, thereby hindering the exercise of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written application for the motor vehicle finance of merts capital, an agreement on the wrong debate, and a written confirmation of his/her signature;

1. A certified copy of the motor vehicle registration ledger, the chief of the peremptory notice to lose the benefit of time, and a detailed statement of loss of time;

1. A detailed statement of deposits in middle and high-ranking household loans and application of Acts and subordinate statutes in Table;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. The basic area (from June to one year) of the sentencing criteria [the scope of recommended punishment] shall not interfere with the exercise of the right; and

2. Determination of sentence: Imprisonment with prison labor for six months and two years under a suspended sentence: Circumstances that are favorable to the fact that loans have not been repaid and that no agreement has been reached with the victim: The fact that there is no previous conviction in the same kind; and

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