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(영문) 수원지방법원 안산지원 2016.10.18 2016고단1842
권리행사방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 29, 2013, the Defendant purchased B-ho-ho-ho-ho-ho-ho-ho-dong 21 in Suwon-si, Suwon-si, the Li-si, and borrowed KRW 21,00,000 from the victim's C-ho-ho-ro Co., Ltd. (hereinafter "Gu D-ho-ho-ho-ho-ho-si"), and established a mortgage over the above car amounting to KRW 10,50,000 as a mortgagee on the above loan obligation on April 1, 2013.

Therefore, even though the Defendant, as seen above, properly stored the said car which was the object of the mortgage, he borrowed KRW 3,000,000 to the wounded (the “C”) around April 2014, and delivered the said car to the victim for the purpose of securing the said car, thereby making it impossible for the victim to find the location of the said car.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the Defendant led to the confession of the instant crime; (b) the Defendant agreed with the victim after the prosecution of the instant case; and (c) the victim did not want the Defendant’s punishment; and (d) the Defendant did not have the same criminal record.

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