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(영문) 수원지방법원 안산지원 2016.04.27 2016고단677

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant: (a) purchased a fluor car at the office of the OOOOO Capital (ju) in the 2167-2, Sinsi-si, Sinsi-si, 2013; (b) borrowed KRW 15 million from the victim's OOOOOOO Capital (ju); and (c) agreed to pay KRW 600,000 per month through 36 times; (d) however, (e) made a mortgage on the said car with the victim as the mortgagee.

The Defendant borrowed 2 million won from the branch of Silung-si around December, 2015 from the branch of Silung-si and offered the said car as security with the payment of 50,000 installments.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of an asset sale contract, a certified copy of corporate registry, a business registration certificate, a debtor's president, a contractor's PV, an application for loan of an erroneous debate, the automobile registration ledger, a notice of transfer of claims, and details

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Obstruction of Exercise of Rights) of the basic area (from June to one year);

2. The defendant's age, sex, environment, the background of the crime in this case, circumstances after the crime, etc. has not been restored to the damage that is against the decision of sentence.