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(영문) 수원지방법원 성남지원 2013.06.05 2013고단214

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2011, the Defendant: (a) purchased the Mai-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si 12-14 at 2,66 million won; (b) took out a loan from the victim Ai-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter referred to as “7.5% interest each month; and (c) granted a new ownership on the said vehicle under the Defendant’s name; and (d) granted a mortgage to the victim’s company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as accusation and loan transaction contract;

1. Article 323 of the Criminal Act applicable to the facts of crime and Article 323 of the choice of punishment: Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (including the first offender and the fact that his depth is divided, etc.);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;