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(영문) 의정부지방법원 2017.07.14 2016고단3383
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant purchased D’s low-priced car at C Office located in Seo-gu Incheon, Seo-gu, Incheon, and borrowed KRW 15 million from the victim Vien Capital Co., Ltd. and set up a mortgage on KRW 10.5 million on the above vehicle.

On August 2015, the Defendant borrowed 4 million won from the person in a name in the vicinity of the E-Ba at the time of the Government around 2015, and concealed the said car as security to make its location unknown, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of the Ministry of Finance and Economy of an application for financing and debate, and the register of automobiles;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] The basic area (the period from six months to one year) of the 1st (the period of imprisonment), which is the basic area (the period from six months to one year), [the decision of sentence] imprisonment with prison labor for six months, the period of suspended sentence for two years was not recovered, and the defendant was not taken into account from the injured party. However, considering the favorable circumstances that the defendant has no criminal record, etc.

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