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(영문) 수원지방법원 평택지원 2017.06.26 2016고단2776
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 1, 2015, the Defendant borrowed KRW 89,100,000 from the Victim's Republic of Korea Capital Co., Ltd., and set up a collateral security right of KRW 89,10,000 on the part of the Defendant-owned B, Korea Capital Co., Ltd., and the claim value of KRW 89,10,000.

On February 2, 2016, the Defendant borrowed money from a name-free bond business operator at an office located in the office located in Osan-si (hereinafter referred to as "Osan-si") and transferred the money to B.

Accordingly, the defendant concealed the defendant's possession, which was the object of the right to collateral security of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the ledger of motor vehicle registration, application for loan goods, and statutes;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (within the scope of recommended sentence guidelines);

1. Application of the sentencing criteria [Scope of the recommended punishment] interference with the exercise of the rights, the basic area (six months to one year);

2. Extraordinary circumstances favorable to the determination of sentence - the recognition of the facts of crime, reflectivity, and criminal records exceeding the same criminal records or fine. - In light of the fact that installments have been paid nine times, it does not seem from the beginning that the vehicle for the purpose of crime is purchased for the purpose of crime. - The repayment of the loan is possible. - Unfair circumstances unfavorable to the withdrawal of the complaint (as of June 23, 2017) - the size of damage is considerably large, and considerable damage is not recovered. - The instant vehicle is highly likely to be used as so-called “large-sized vehicle,” and there is a concern of additional damage due to the distribution of large-sized vehicles. It is ordered as ordered in consideration of all the sentencing conditions under Article 51 of the Criminal Act, which were revealed in the course of pleading in

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