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(영문) 수원지방법원 여주지원 2016.04.01 2015고단1188
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2010, the Defendant agreed to borrow 40,200,000 won from the victim Aju Capital Co., Ltd. and to pay 8.6% annual interest rate, 20% per month, and 827,000 won per month by dividing it into 60 months. On November 2, 2010, the Defendant registered a mortgage on the same amount in the name of the injured party under the victim’s name.

Nevertheless, the Defendant received 15,00,000 won from a person who was in bad faith and sold the same at his/her own discretion, even though he/she failed to pay 35,703,280 won for the remainder of the loan to the victim by paying only 6,85,638 won of the principal and interest borrowed from the victim at an infinite city and around March 201.

In this respect, the defendant concealed the defendant's joint bid, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. Original Register of Automobile Registration;

1. Application of the Acts and subordinate statutes on loan approval file or motor vehicle loan agreement;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order and Article 59 of the Act on the Observation, etc. of Protection [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (6 months to 1 year) [the person subject to special sentencing] [the decision of sentence] of the defendant disposing of the above vehicle which is the object of the victim company's mortgage, and thereby the victim company suffered damage equivalent to about 36 million won, thereby causing damage, etc., the defendant committed the crime at the time of and against himself/herself, and there is no record of punishment for the same crime, and there is no record of punishment for the same crime, and other favorable circumstances such as the defendant's age, family environment and health status (the most serious).

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