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(영문) 청주지방법원 2017.08.10 2016고단1860
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal records] On July 5, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Cheongju District Court on April 5, 2016 and the judgment became final and conclusive on July 13, 2016.

[2] On March 8, 2013, the Defendant obtained a loan of KRW 42 million from the victim Hyundai Capital Co., Ltd. at the office of the public exhibition center of the public exhibition center of the public exhibition center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of the public interest center of

Nevertheless, on March 2015, the Defendant borrowed KRW 1,20,000 from D, which is located in the Heung-gu Seoul Metropolitan Government, without the consent of the victim, and concealed one of the above automobiles for the purpose of security and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A statement of complaint, consultation list, written application for vehicle register, ledger of automobile registration, details of deposit, and details of claim;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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

1. The latter part of Article 37 of the Criminal Act that treats concurrent crimes: (a) the reason for sentencing Article 39(1) of the Criminal Act that is unfavorable to the reason for sentencing is that a motor vehicle that set up a right to collateral security has passed over to another person for the purpose of securing a motor vehicle; (b) the nature and circumstances of the crime are not somewhat weak; (c) the possession of the motor vehicle is not recovered; (d) the sentencing factor favorable to the o is recognized as erroneous and reflect. There is a single concurrent crime relationship between the previous offense and the latter part of Article 37 of the Criminal Act. In addition, the sentencing

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