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(영문) 인천지방법원 2017.04.27 2016고단9051

권리행사방해

Text

A defendant shall be punished by imprisonment for four 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 July 26, 2014, the Defendant loaned KRW 15 million from the victim KB Capital Capital in 2010 in order to purchase the 295 KB Capital from the KB Capital in the GB Capital headquarters of the Gyeonggi Suwon-gu 2014, and concluded a mortgage contract with the mortgagee, the victim, and the amount of 7.5 million won in the value of the claim.

Since July 2015, the Defendant borrowed 4 million won from the Buddhist Loaner in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, and obstructed the victim's exercise of rights by concealing the said vehicle by offering it as security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the following sentencing conditions are favorable) provides a vehicle, which is a security, as security, to another person with approximately KRW 15 million in the amount of debt owed to the victim. However, the crime of this case was subsequently committed, but the defendant has agreed with the victim, and the defendant's age, sexual behavior, environment, etc., and other various sentencing conditions specified in the arguments of this case as ordered.