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(영문) 인천지방법원 2016.09.02 2016고단4657
권리행사방해
Text

A defendant shall be punished by imprisonment for 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

On December 3, 2014, the Defendant borrowed 23,000,000 won from the victim KBF Capital Co., Ltd. at the location of only two cars located inside Yangyang-dong, Yangyang-dong on the security of December 8, 2014, the Defendant created a mortgage by making the mortgagee as the victim on the B Co., Ltd., which is owned by the Defendant, as the victim on December 8, 2014, with the claim amount of 23,00,000 won.

On September 2015, the Defendant provided the victim with the vehicle at issue, which was the object of the above mortgage, and concealed the vehicle to obtain the loan as security, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application for a new installment loan, a certified copy, an extract, a mortgage contract for the root of an automobile, a peremptory notice for delivery of a mortgaged vehicle, and the application of statutes governing the determination;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the reflection of the accused and the recognition of the crime, the primary offender, and the victim

1. Social service order under Article 62-2 of the Criminal Act;

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