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(영문) 인천지방법원 2018.03.21 2017고단9169
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 16, 2017, the Defendant borrowed KRW 11.9% per annum from the Plaintiff’s case capital Co., Ltd. and KRW 30 million on the condition of equal repayment of principal and interest for 60 months at the two points of Gangnam-gu, Seoul, Gangnam-gu, Seoul, Seoul., the Defendant created a mortgage on the above loan amounting to KRW 26.1 million on the B below the Defendant’s name as security for the above loan on the same day.

On May 2017, the Defendant concealed a vehicle by transferring the vehicle with a mortgage to a name-free person as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommending punishment] The mitigated area (one month to eight months) [the person who has been specially mitigated] [including serious efforts to recover damage] [the decision of sentence] and the sentencing conditions specified in the trial process of this case, such as the defendant's age, sexual behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively taken into account in the following circumstances:

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The agreement was reached with the victim.

The defendant is an initial offender who has no past record of punishment.

The amount of damage is considerably high.

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